How to File a QDRO After Divorce Written By Sandra McCarthy Founder, A People’s Choice During a divorce, most couples usually split community property assets 50/50. However, a couple may choose not to divide their current retirement plans, and each waive any community property interest they may have. In the first place, it is not necessary to divide all retirements plans in a divorce. However, if the court has ordered the division of a retirement account, or the parties have agreed to divide one or more retirement accounts, it will be necessary to file a QDRO after divorce. We often receive calls from client about how to file a QDRO after divorce. Here is what you need to know about the QDRO process after divorce. What our Clients Say... “I’ve worked with A People’s Choice since September 2013. They are very knowledgeable and experienced. Their work is done professionally and timely. They show a real concern for my situation. 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Would recommend A People’s Choice without hesitation.” Les A. “So glad I found this company to handle my divorce. They were very professional and detail oriented, answering all of my (many) questions and kept me informed. They handled everything for me from hundreds of miles away and made it pretty seamless. The pricing was in the exact range we were looking for. Very honest company and great to work with!” Jessica J. “A People’s Choice is awesome! They made the legal documentation process painless. I highly recommend A People’s Choice. The name says it all.” Eric J. “The service provided by A People’s Choice was very professional and comprehensive. We have used A People’s Choice on a previous occasion and were completely satisfied. We would highly recommend A People’s Choice to anyone!“ R. Betancourt “I would just like to comment on what a great job A People’s Choice did with my divorce. I could not be happier. They let me know how they keep the cost down by communicating through email. I also appreciated how when I had a question they got back with me in the day or in the evening. APeoples Choice is a good deal for the consumer.” R. Leyva “A People’s Choice prepares legal documents so you can represent yourself and still look like you know what you’re doing. I utilized their services recently and found them to be professional as well as extremely helpful. I couldn’t be happier.” Evan J. “Lightning fast response, I had my very simple document on the same day as my order for the very fair and reasonable price of $325 (including the rush fee!) compared to my attorney who quoted me 3 weeks and $2500. I will definitely use these folks again and highly recommend them!” L. Carnes “A People’s Choice helped me with my QDRO. They were very professional and very honest. They saved me a lot of money by having them do all the paperwork. There was no hidden fees. 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After submission, please check your email inbox for information about your selected services. If yo don't find it in your normal in-box, be sure to check your spam folder.We are glad to hear you are ready to get started!. On the next screen you will be provided a special discount code that will only be good for the next 30 minutes! Call now for your savings offer!HiddenCase Type EmailThis field is for validation purposes and should be left unchanged. Δ The courts use a qualified domestic relations order (QDRO; pronounced “quaw-dro”) to officially divide a former spouse’s interest in a retirement plan or pension plan. If your spouse won’t sign QDRO, then you will not be able to complete the process of dividing the retirement account. However, the spouse refusing to sign the QDRO could find themselves held in contempt of court for refusing to do so. This article reviews options you may have if your ex-spouse is refusing to sign your QDRO. What is a QDRO? A QDRO is a formal court order that gives instructions to a pension plan administrator to divide a defined benefit plan after divorce and provide a part of it to an ex-spouse. It may also be used to separate IRAs, 401(k)s, and other retirement plans. The division can be a percentage or a specific dollar amount. Keep mind that the QDRO process is an extra step after the court enters the divorce judgment. It will be specific to one retirement account, meaning that if you have more than one retirement plan to divide, you will need to prepare a separate QDRO for each plan. A couple should prepare and file their QDRO as soon as the court grants a divorce judgment. You will need a QDRO if you are trying to divide the following: 401(k), 403(b), and 457 plan Tax-sheltered annuities Corporate defined benefit or pension plans Employee stock ownership plan Profit-sharing plan Thrift plan Each provider may have particular guidelines regarding how to divide the above-referenced plans. Penalties for Refusing to Sign QDRO If your spouse won’t sign the QDRO, you will need a court order that directs the court clerk to sign on their behalf. Once you have that order, you no longer need your ex-spouse’s signature on the QDRO. It is also possible that if your spouse continues to resist, the court may order them in contempt of court. This means you will file a contempt request with the court. According to California Family Law, the court may enforce a QDRO court order by contempt, the appointment of a receiver, execution (enacting the order), or any other method the court requires. Once your former spouse is found guilty of contempt, the court can levy a fine of no more than $1,000 or imprison your ex-spouse for no more than five days. Sometimes, the court will do both. You do not need to hire an attorney to file a QDRO after divorce in California. Contact A People’s Choice and our legal document preparer will walk you through the steps you need to complete to successfully divide your retirement plan consistent with your divorce judgment. Call us today at 805-749-5098. Get help with your Legal documents today! A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney! GET STARTED!Was this article helpful? We would love to know your thoughts! If you found this article helpful, please check the LIKE button below. Your feedback helps us plan topics for future articles. By Sandra McCarthy|March 30th, 2018|Divorce, Family Law|19 Comments