Can you get a prenup with an ERISA Plan? The short answer is NO! Federal law does not allow a prenuptial agreement to waive survivor benefits with ERISA plans. Federal Regulations [CFR Regulation 1.401(a)-20 Q&A 28] state as follows: Q-28: Does consent contained in an antenuptial agreement or similar contract entered into prior to marriage […]
I have several retirement accounts. Can I prepare 1 QDRO for all the accounts? You have to draft a separate QDRO for each retirement account tailored to the requirements for that plan. Why is this? Each plan is governed by different rules depending on the plan type (i.e. 401(k), Pension Plan, 403(b)). If the retirement […]
Can I prepare my own QDRO? Of course you can prepare your own QDRO but it may be overwhelming to figure it out! Each QDRO must be approved by its respective retirement plan. What we have seen based on 3 plus decades of experience is that there are laws to protect retirement division but very […]
Do I need a Life Insurance QDRO? The short answer is “it can’t hurt!” The law regarding the division of life insurance is state specific. If the parties agree or the court so orders the division of life insurance to preserve a participant’s former spouse, child or dependent, then the award should be in the […]
