The enforcement of a retirement plan division in divorce requires the parties to file a Qualified Domestic Relations Order (QDRO) with the court . A copy of the filed QDRO is then given to the Plan administrator. The QDRO will outline the division of retirement benefits according to the Judgment of divorce or legal separation. Typically the divorce Judgment will explain how the retirement benefits are to be divided. Most Plans provide a package of instructions regarding the Plan’s language requirements for a QDRO. A draft of the QDRO is sent to the Plan Administrator for pre-approval. Once the QDRO has been pre-approved by the Plan Administrator, the QDRO is signed by both parties and submitted to the court for filing. Most Plans require receipt of a certified copy of the filed QDRO before they will divide the retirement benefits pursuant to the provisions of the retirement plan division in the divorce.
How do I enforce a retirement plan division in divorce?
About the Author: Sandy McCarthy
Sandra M. McCarthy, founder of A People’s Choice, has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. Sandy is dedicated to the expansion of affordable, low-cost, self-help document preparation.