QDRO Archives > Ferraro Law Group, PL

QDRO

Your Rights Regarding Retirement Plans

retirementAt the conclusion of your divorce, if you expect to receive distributions from your ex-spouse’s retirement plan, you need more than just the divorce decree. You will also need a separate document called a Qualified Domestic Relations Order (QDRO). If your divorce did not include creation of a QDRO, an experienced family law attorney can help you now.

A QDRO is a document that gives a retirement plan administrator the ability to pay the funds of a pension or other qualifying retirement account as ordered by the Court in the divorce case. Our dedicated attorneys fully discuss the facts of your case and can help with QDRO’s by doing the following:

● Contacting the plan administrator for any specific language needed

● Preparing the QDRO in advance of hearings in… Continue reading

Dividing Government Pensions in a Divorce when a QDRO won’t work

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Most divorce practitioners are aware that dividing a pension or qualified retirement asset as part of the property division requires a few extra steps. Because retirement plans are governed by federal law (as opposed to state divorce law) a standard divorce judgment simply will not do the trick. Instead, the payee of these benefits must submit a Qualified Domestic Relations Order (QDRO), which is essentially a special type of court order which conforms to state and federal law as well as the terms of the Marital Settlement Agreement and the specific directives of the plan in question. Most divorce lawyers outsource this task to a QDRO attorney who specializes in the drafting of these types of orders.

However, problems arise when the pension that is referenced in the divorce agreement is provided by a government employer. This is because government plans (federal, state… Continue reading