My form 1099-R distribution code shows a 1 rather than a 6, indicating Alternate Payee Under QDRO. Can I still use the QDRO to eliminate the 10% penalty?

I received a portion of my ex-spouse's retirement account as part of the divorce settlement. I took the distribution as cash for living expenses, rather than rolling the amount into another RA. Can I still qualify for Alternate Payee Under QDRO, eliminating the 10% early withdrawal penalty.even though the 1099-R form provided by the plan indicates a 1?