Notice of Adverse Interest for Retirement Plans In Divorce
The primary use of the official notice is to keep the plan from distributing the funds or to keep your ex from cashing out the account. While there is not measure that will guarantee absolutely that the funds will be frozen, this notice is the best possible measure available. The next step is to start the QDRO process as soon as possible.
A secondary benefit of a Notice of Adverse Interest is to confirm that the pension account is still active. It is not uncommon, especially when addressing the retirement division long past the time of divorce, for the participant to take a early payout, and running off with the money, as they say.
If you discover that the money is no longer there, you may still have some legal recourse but you would no longer need a QDRO.
*Typically a Notice of Adverse Interest is valid for 60 days. Some QDRO may take 30 to 60 days so it is important to initiate the QDRO process concurrently or as early as possible after sending a NAI to a plan.
Protecting Yourself from a Spouse or Ex Making Retirement Withdrawals
You may be surprised to know that there is nothing holding your spouse or ex-spouse from withdrawing the funds of his or her retirement account. Even if the court has ordered that you have a claim to part of it.
Unfortunately, and all too commonly we deal with clients who come to us to draft their QDRO, just to find out during the preapproval process or even when they try to file the QDRO, that the account no longer exists and the money is gone.
A Notice of Adverse Interest or Joinder is the best method available to protect your marital interest.
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Notice of Adverse Interest / Joinder
A notice of adverse interest is the first step in the QDRO process. It will put the plan administrator on notice that there is a legal claim to a portion of the account. This process almost always puts a freeze on the account to ensure the money stays put while the QDRO is being processed.
Plan Appraisal & Calculation
If there is separate property to be considered, you will need a this service. How do you know if there is separate property? I your ex-spouse started contributing to the pension plan prior to the marriage, then there is separate property.
QDRO Drafting
If there is separate property to be considered, you will need a this service. How do you know if there is separate property? I your ex-spouse started contributing to the pension plan prior to the marriage, then there is separate property.
Judgment Language
Judgment language is a section of language that will need to be included in your divorce judgment. If your divorce has been finalized prior to getting a QDRO, you may not need this language. However, if there is an error in the existing language, I will need to be amended with new judgment language.
QDRO Plan Pre-approval
A notice of adverse interest is the first step in the QDRO process. It will put the plan administrator on notice that there is a legal claim to a portion of the account. This process almost always puts a freeze on the account to ensure the money stays put while the QDRO is being processed.
File & Serve
A notice of adverse interest is the first step in the QDRO process. It will put the plan administrator on notice that there is a legal claim to a portion of the account. This process almost always puts a freeze on the account to ensure the money stays put while the QDRO is being processed.
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