California Public Plans and some labor unions require joinder pleadings in order to divide the plan. “Joinder” is a procedure in which the pension plan is made a party to the divorce by filing joinder pleadings. These pleadings formally put the plan on notice that the ex-spouse may have a community property interest against those benefits. It is a requirement of these institutions that joinder pleadings be in place prior to implementing a (Q)DRO.
In order to draft a joinders or notice of adverse interest, QDROCounsel will need the following:
- Legal names of both parties
- Confirmation of whether the hourly attorney consultation is as a neutral with both parties splitting the fees
It is the responsibility of the parties to have the pleadings filed with the court and served on the plan.
For more information, request a