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The divorce judgment or decree will not divide a retirement account. Your client needs a QDRO to access their share of a retirement benefit. If you are not sure who to refer your clients to for QDRO services, QDROCounsel can make the difference.

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Articles, News & More.

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 satisfy the consent requirements of sections 401(a)(11) and 417? A-28. […]

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 account is based on employment with your state or federal government, the QDRO must […]

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 few people know how to divide […]

Why do I need a QDRO?

When you get a divorce, the only way to get money paid from one spouse’s retirement account to the other spouse is with a QDRO. A QDRO (sounds like ‘Quad-ro’) is a court order required to divide retirement accounts. A QDRO allows for payment to the other spouse for marital or community property and also […]

I purchased Judgment Language, what comes next?

The short answer to this question is you should not wait for retirement to file a QDRO! If you delay filing a QDRO, and wait until your ex-spouse retires or you need the money, you may lose valuable rights or even lose some benefits that you are entitled to receive. I never say that lightly […]

Not close to retirement age, why get a QDRO?

Do I need a QDRO to divide an IRA?

The short answer is most likely! IRA division covers any individual provided IRA (Traditional, Rollover, or Roth) and any employer provided IRA (SEP, SARSEP, or Simple). A non-taxable IRA to IRA transfer in divorce is governed by IRC §§ 408(d)(6). An IRA division can be handled in the divorce judgment or in a separate IRC […]

How QDROCounsel Is Changing Family Law & The Pension Division Landscape

QDROCounsel, as a legal technology company for retirement division, provides divorce professionals and individuals with QDROs and QDRO Support on a case by case basis. The website is founded by leading national QDRO attorneys and Valuation experts. Our state-of-the-art tools and algorithms are designed to help customers create and draft the documents needed in their […]

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 divorce judgment or legal separation. A divorce […]

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