QDRO Malpractice & Damage Calculations

Having been retained in legal malpractice cases to correct poorly drafted QDROs, or compute damages, Voit Econometrics Group, Inc. has been instrumental in resolving issues related to QDROs. Some examples are as follows:

• Incorrect Marital Determination

• Incorrect valuation dates

• Poorly drafted settlement agreements

• Survivor Benefits for a Spouse, or not addressing survivor benefits in the event the plan participant predeceases the alternate payee spouse

• Applying private sector terminology to government pensions

• Failing to submit a QDRO at the time of divorce

• Contradiction of prevailing case law within the QDRO

Malpractice issues are not limited to QDROs, this, as settlement agreements are often poorly drafted as well, resulting in poorly drafted QDROs. Examples are:

• Referring to pension benefits as accounts

• Not understanding the type of retirement plan or retirement accounts

• Not addressing certain benefits to include, or has not been included, in the subsequent QDRO based on the settlement agreement

• Specifying an age a former spouse can receive their share

• Failing to define marital

Voit Econometrics can compute damages, if the error is irreversible, and provide expert testimony to support our findings.  If the error can be reversed, Voit Econometrics Group has the expertise to prepare the appropriate QDRO to effectuate the original intent.

Damages can also be based on the negligence of the attorney or financial professional in terms of investments. Simply email your case and we can provide options for you and your client to consider.