A legal document required by the IRS and Department of Labor that allows a tax-free transfer of retirement plan assets to a spouse, former spouse or dependents involved in a proceeding for divorce or legal separation.
Private-sector 401(k) plans and pension plans subject to the QDRO rules require a properly drafted QDRO to be submitted before retirement benefits will be are divided.
Government retirement plans are subject to various federal, state, and local rules. Entrust the drafting of these special orders to our experts.
We Are Experts Who Prepare QDROs and Other Orders Dividing Retirement Assets
Attorneys and parties to a divorce or legal separation will enter written agreements or receive court orders to divide retirement plan assets. Because of special federal and state laws, there are often additional orders that must be prepared and signed by the court to divide these retirement plan assets. Without a properly drafted order, plan administrators will not divide these assets. Further, in certain instances, there are deadlines by which special documents must be submitted to a plan adminstrator or the plan will simply not divide the retirement asset.
It is critical that domestic relations attorneys and parties to divorce or legal separation proceedings hire a firm with expertise in the area of Qualified Domestic Relations Orders (“QDROs”) and other orders dividing retirement assets to ensure that this issue is taken care of correctly and in a timely manner.
You will find that our firm has that expertise. Our lead attorney, Tony Jarrett, Esq., has over 20 years’ experience preparing QDROs and other orders dividing retirement assets. He understands not only how to draft correct orders, but also how to effectively communciate with plan administrators, recordkeepers, attorneys and parties. He promises to have your QDRO or other order ready within one week of receiving information necessary to draft the order or he will not charge you for his time.