To ensure a just disbursement of a retirement fund or pension, a qualified domestic relations order, QDRO is required.
This legally recognized document is typically prepared during marriage to protect against unforeseen events such as divorce. Prior to divorce, 401K and IRA retirement plans are accumulated during the marital period and are considered marital property in most states, deserving of equal apportionment when there is a divorce.
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If there’s no QDRO in place, a plan administrator has no right to disburse a pension or retirement plan fund. And before the plan administrator approves the order by appending his signature, there are other approvals that must be met and getting this met is usually complex.
The division of retirement funds is a difficult but necessary process
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A court can order funds from a retirement plan to support a spouse’s maintenance. As a result, the spouse is entitled to the retirement fund with no tax implications. However, without a QDRO, such an order cannot be obtained, and financial institutions will be hesitant to disburse such funds.
However, dividing retirement savings can be difficult, especially when nearing your retirement. A QDRO, because it has both legal and tax implications, necessitates competent advice from a competent attorney.
Who files a QDRO?
A divorcee who isn’t the plan holder, known as the alternate payee, is very likely to file for a QDRO. This is done with the assistance of an attorney, who creates the order, has it checked for accuracy, and then submits it to the plan-holding spouse’s counsel.
The plan will then be reviewed by the plan administrator as the next stage. The administrator can make adjustments to the draft to reflect his needed language. Later, the document is sent from the administrator to the attorney, who signs it. The court’s copy is obtained and returned to the plan administrator’s office for approval and fund disbursement.
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The process from the moment a spouse files for an order to an approval by the plan administrator can take about seven months, depending on the time taken by the plan administrator to review the draft plan.
Can a QDRO be filed without an attorney’s assistance?
Creating a QDRO is simple, especially given that there are free templates available online. However, depending on them instead of a trained attorney will result in mistakes.
You can request a template directly from a plan administrator. However, you may still be at a disadvantage if you do not hire an attorney to evaluate it. An administrator may have a draft template that benefits the employee spouse more than the alternate payee, leaving the latter underfunded.
Have an experienced QDRO attorney assist you in correctly filling out a QDRO to guarantee that you obtain everything you’re entitled to by Calling 718-303-0753 or filling our contact form.
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