Under what circumstances would a QDRO be used
Ask a hundred people on the streets what a qualified domestic relations order (or QDRO) is and probably all one hundred will stare at you blankly or ask you if you are insane. Ask a hundred lawyers or judges and you might get a few who are familiar with the concept, but they’ll tell you […]
Where Do I Get a QDRO Form
If you are considering a divorce or are in the process of one, you may have heard of the term QDRO or Qualified Domestic Relations Order. This is an important document that outlines the division of retirement assets, such as 401(k) and pension accounts, between the two parties in a divorce. It is important to […]
What if my ex never filed a QDRO
When a couple divorces, it can be a complicated and emotionally charged process. One important part of the divorce process is the Qualified Domestic Relations Order (QDRO). This document is used to divide retirement accounts such as pension plans, 401(k)s, and IRAs as part of the divorce settlement. However, what happens if one party does […]
What is a Joinder in California Divorce And Does My Retirement Plan Require One?
Getting divorced in California can be a complex process, with both state and federal laws governing the division of marital property, including retirement accounts. One potential issue that arises in California divorce cases is the need for a joinder, which is a legal document that attaches the parties’ retirement account administrators as part of your […]
5 Things You Didn’t Know a QDRO Could Do
A Qualified Domestic Relations Order (QDRO) can be a powerful tool to help manage the division of marital assets and debts in divorce proceedings. Although QDROs are most commonly used to divide retirement accounts, other uses may not be as well known. Some of these uses are kind of “out there” – a bit crazy, […]
Pension Appraiser? QDRO Lawyers? Consultants? What’s the Difference?
Making decisions about retirement plans can be complicated and there are a number of consultants and professionals that claim to be able to prepare retirement division orders, often called Qualified Domestic Relations Orders (QDROs). It can be difficult to understand the differences between them and why each one might be needed. Pension appraisers, QDRO lawyers, […]
Plan Loans and QDROs: Whose Debt is It?
When times get tough, as they often do during divorce, many people turn to their retirement accounts for a bridge loan to get them past temporary financial troubles. The problem, of course,is that a retirement account is considered the joint property of both spouses — and if one person borrows against that account, they are […]
Should QDROs be Included in the Divorce Decree Before the Judge Finalizes the Divorce?
On average, I probably receive a phone call at least once per week from a distressed divorcee who has relied upon bad advice about the QDRO process. Some will tell me that their attorney told them they did not need to get a QDRO done until the other party retired. While others will tell me […]
Do You Always Need a QDRO?
When you are going through a divorce, one of the major considerations is how to divide assets. This is often an incredibly complex and difficult process, which can be made even more complex when there is a retirement account involved. Retirement accounts, such as 401(k)s, can be subject to a Qualified Domestic Relations Order (QDRO), […]
When is a QDRO Required?
When is a QDRO required? The answer is, almost always. In nearly every divorce, at least one of the parties has a retirement account. This retirement account is likely marital property, as it was contributed to during the marriage. To split these retirement accounts, a Qualified Domestic Relations Order (QDRO) is needed. A QDRO is […]