A QDRO is a court order, separate from the divorce judgment or settlement agreement, that is required in order to transfer a portion of the retirement benefits and accounts to a non-participant spouse, referred to as an Alternate Payee.
QDROs can be for alimony, child support, or used to divide retirement benefits as marital property. Voit Econometrics Group, Inc., has the ability to perform calculations of a marital component, ands other financial calculations, and testify to the results.
We specialize in both drafting and consulting on QDROs, so you can rest assured your client is protected.
Prepare the preliminary Domestic Relations Order (DRO)
Present preliminary DRO to Plan Administrator and attorneys
Negotiate and facilitate DRO language pursuant to the divorce settlement
Final DRO is provided to one of both attorneys to be presented to the Court, and subsequently to the Plan Administrator for implementation
Since the plan administrator is who “qualifies” the domestic relations order, and given thousands of plans across the U.S., etc plan administrator has their preference as to the language and terms of the QDRO. Every plan is different and the circumstances of each case are often different which facilitates the need for a professional who specializes in QDROs. We facilitate the complete negotiation process, the preliminary draft, and the provide the final draft for implementation by the attorneys All communication, correspondence and consultation between our firm, the Plan Administrator, and counsel for the parties are included in our fee.This process can most often be very smooth and accomplished within 30 to 45 days. We maintain an ongoing communication process up to and through the final draft.
Copy of Findings of Fact, Conclusions of Law, or Judgment of Divorce is required:
Date of Marriage
Date of Divorce (separation, filing, or specifically the date of division)
Name of Judge, County, and Case Number
Complete Address of Both Parties
Social Security # of Both Parties
Dates of Birth for Both Parties
Which Party is The Petitioner/Plaintiff & Which is Respondent/Defendant
Copy of the Plan Document or Summary Plan Description
Copy of Marital Settlement Agreement
Pre-payment for commencement of service (required)
Please note that some plans are not governed under ERISA and are also exempt from the Internal Revenue Code in regard to QDROs. This includes:
State Retirement Systems
U.S. Postal Service
Other Government Plans
The federal government, military and most statement systems will accept a functional equivalent of a QDRO, or the name QDRO but careful consideration to municipal retirement plans and executive deferred compensation plans that often do not accept QDROs or any type of order to divide retirement benefits as marital property. Don’t hesitate to reach out to our firm if you would like to know more about our many solutions regarding these plans.
We can help you with your pension valuations, QRDOs, and answer any investment questions. Fill out the from below for a free consultation and let’s get started.