When we delve into the processes involved in obtaining a qualified domestic relations order, you’ll discover that many parties come to play. These processes can be sliced into steps, which no doubt makes it comprehensible if you’re about to obtain a QDRO. Here are the processes you’ll have to go through to get a QDRO.

Step 1 – Relevant Information

The first step is to gather relevant information that will help your cause. For instance, the plan name and the administrator of the benefit you’re dividing have to be disclosed. Information about your spouse is important, like the address, Social Security number, marriage date, date of separation, and date of the final judgment of divorce. Also, the name of the pension plan has got to be known, alongside the name and address of the plan administrator.

Step 2 – Drafting Of The QDRO

After obtaining all the necessary information, the next step is to draft your QDRO as a designated order. Usually, your lawyer is to help with this process as it minimizes mistakes which could lead to delay.

Step 3 – Draft approval

After your lawyer has drafted your QDRO, the next task is making sure that your spouse and plan administrator approves the draft. If your draft complies with the divorce decree’s underlying provisions, you wouldn’t have any problem with approval.

Step 4 – Signing of the QDRO

After your QDRO has been approved by all parties involved, the subsequent step is to ensure they sign the document. Your plan administrator will sign the QDRO if the demands of the plan are fulfilled. 

If by any chance your spouse refuses to sign the document; there is another alternative. You can file a motion in court requesting an order for the court clerk to sign on behalf of the opposite party.

Step 5 – Judge Approval

After the parties involved have approved and signed the QDRO document, another approval you need is from the judge. However, make sure that the court you’re applying to possesses jurisdiction over the divorce. Typically, the judge will review the document and sign provided there are no irregularities.

Step 6 – Send A Copy To The Plan Administrator

The last step entails sending a licensed copy of the QDRO to your plan administrator. Note that other documents could be required to divide the plan. After the account division, the plan administrator will create another account for the alternate payee with their awarded portion of the account.

Conclusion

The reason most QDRO rarely succeed is when the plan is riddled with mistakes and inconsistencies. But with the help of a certified and experienced QDRO attorney, you wouldn’t find the whole process daunting. If you’re ready to take the first step to get approval for QDRO, call 718-303-0753 or fill out the contact form to begin.