The principal objective of this review is to protect the retaining attorney from acceptance of a proposed Domestic Relations Order that is harmful to the interests of her or his client.

 

QDROs can be drafted in favor of one party or the other, or skewed in favor of one or the other party.  

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It is imperative that the QDRO be prepared consistent with the parties’ settlement agreement. It cannot be assumed that everyone involved from the attorneys to the judge, or the parties, possess the knowledge to determine if a QDRO is drafted in a fair and consistent manner.

 

For The QDRO Company, LLC to review QDROs, a copy of the QDRO itself, along with the parties’ settlement agreement and/or Final Judgment, should be provided.

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Issues to consider, if you represent the former spouse of the plan participant, are:

• Survivor benefits

• Cost-of-living-adjustments

• Subsidized benefits if based on all of the years of service

• Death of the former spouse (federal pension plans)

• Disability Retirement vs. disability insurance policy

 

As with any QDRO, a slight change in verbiage can mean tens of thousands of dollars in favor of one or the other party.

 

It is imperative that the QDRO (or other Order language dividing a retirement plan) be prepared consistent with the parties’ settlement agreement as well as the Plan’s provisions for division. It cannot be assumed that everyone involved from the attorneys to the judge, or the parties, possess the knowledge to determine if a QDRO is drafted in a fair and consistent manner and in an acceptable form for the Plan.  The QDRO Company, LLC will review the drafted QDRO and determine if it accurately represents the division and Plan requirements.  

 

For The QDRO Company, LLC to review QDROs, a copy of the QDRO itself, along with the parties’ settlement agreement and/or final Judgment of Divorce, should be provided.   

 

As with any QDRO, a slight change in verbiage can mean tens of thousands of dollars in favor of one or the other party.