How it Works:
A Qualified Domestic Relations Order (QDRO) is a judicial motion and order filed with the Court and entered as part of a property division in a divorce or legal separation that splits a retirement plan or pension plan by recognizing joint marital ownership interests in the plan.
Why is a QDRO necessary?
When most people create a 401K or retirement through your employer, the proceeds can only be distributed to one specified payee. That person will receive the proceeds when the plan allows for the disbursement.
If the retirement account was created prior to your marriage, the portion you contributed prior to marriage is your separate property. The portion you contributed during the marriage, is typically considered community property.
Most retirement accounts are controlled by a private plan administrator and are not easily divided. The QDRO is a document that allows the plan administrator to disburse the portion of the account's funds to your spouse (alternate payee). It gives the alternate payee the right to receive a portion of the account holder's benefits.
Your administrator plan may have specific requirements for the division of the plan.
Packet Includes: ($550)
Request for Submission
*All prices do not include the Court's filing fees.
The Court filing fee should be included with the divorce you previously filed, but some Courts may require an additional filing fee.
Complete the online QDRO questionnaire
Review and print all completed forms
File completed and signed forms with the Court
Qualified domestic relations order
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