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...
“Just recently moved to the Ventura area and didn’t know of any companies to help me with my legal paperwork. I am glad I chose A People’s Choice. They were very friendly and helped me with my documents in a very efficient way in very little time. Give them a try and you will be writing a positive review just as I did.”
D. Buelna
“A People’s Choice saved me time, money & hardship. The people are professional and a pleasure to work with, I totally recommend them to everyone! I will used them for all my legal documents in the future. Thank you!”
C. Lazalde
“This team is efficient, professional, ethical and easy to work with. Any of my questions were responded to immediately. They did everything they could to help me. I highly recommend their services.”
Leigh A.
“I had contacted a lawyer and he wanted to charge me $1800.00. Then I found A People’s Choice. They got my paperwork started and at a much lower cost, and steered me, with the help of lots of paperwork, in the right direction. I am grateful for the company’s services and would recommend them to anyone that may need the services they offer.”
April R.
“When I first saw all of the documents required to file I was overwhelmed. Already dealing with the stress of everything else, I did not want to deal with the courts, a mountain load of paperwork and trips to file as well. I’m VERY happy that I went with A People’s Choice. They were very helpful, despite all of my questions. I definitely recommend.”
M. McCleod
“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.
“Very professional, excellent follow up and easy to work with. I will recommend them often! The staff rocks!”
Gene A.
“My wife and I needed to have papers filed in court but found traditional lawyers were quite expensive. A People’s Choice did a professional job completing our paperwork and I might say, at a very reasonable price. You can bet I will contact A People’s Choice again if or when the need arises. “
D. Hileman
“Divorce is usually never pleasant but A People’s Choice made it much easier than it would have been if we tried to do the divorce paperwork on our own. They were very quick to respond to us and always took the time to answer all of our questions thoroughly, in addition to quickly. I would highly recommend them for handling divorce paperwork.”
Susan Z.
“I can’t remember how I found A People’s Choice, but am completely satisfied with the service provided. The person I worked with was very friendly whenever we spoke on the phone and always responded promptly to any emails. The entire process was smooth and painless. Would recommend A People’s Choice without hesitation.”
Les A.
“Extremely satisfied with the performance of A People’s Choice. The communication was excellent and all was handled in a timely efficient manner. “
Pam T.
“Great service. Highly professional and efficient creating legal documents. I am completely satisfied and highly recommend them to others. I am so glad I found you on the internet. People who are looking for professional legal services look no further, try A People’s Choice.”
Radtech N.
“I was very happy with the service received. They were extremely responsive by phone and email and completed the document in less than 24 hours! All questions were answered promptly. I would highly recommend this service to anyone needing a legal document prepared!”
M.D.
“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.
“I had the opportunity to use A People’s Choice again, Wow doesn’t say enough for the way the staff was able to get me in and out and all my answers answered. Very P-professional, organized and Friendly. I highly recommend!”
Debbie E.
“I recently required the help of A People’s Choice, Inc. and found them to be entirely professional. Everything was done in short order yet all was explained to my satisfaction. They were friendly and courteous. I am happy and impressed.”
C. Zyobel
“A People’s Choice offers a very professional, low cost service for all sorts of legal paperwork, from living trusts to divorce, bankruptcy and everything in between. If you know what you want to do and don’t need legal advice, I strongly recommend calling this company. You won’t be disappointed and will save lots of money!”
Kathryn R.
“I thought I could save money and file my own divorce paperwork. The court clerks offer no assistance whatsoever! The best advice I can give is to call A People’s Choice first. They typed up my paperwork and my divorce was final in two weeks! Would highly recommend them to everyone.”
L. Bayer
“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
“Highly recommend A People’s Choice. The customer service and professionalism are exceptional. My documents were delivered to me quickly and accurately. Compared to using an attorney for complete paperwork, this service is only a fraction of the cost, more responsive, and better suited to quickly completing complicated court forms. “
Linda F.
“Overwhelmed with my divorce, custody and child support paperwork, A Peoples Choice made everything so much easier and really put my mind at ease. I couldn’t be happier with their assistance and it really made all the process speed up for me. Thank you so much for all your help.”
Samantha R.
“How much is peace of mind worth to you? This company of hardworking, caring individuals will help you get the job done in the quickest, most efficient way. Conveniently located. Check it out. Thank you!”
Diana K.
“Want to personally thank the staff at A People’s Choice for making my divorce process so simple and painless. From my 1st contact in the office, they were was warm and friendly and took the time to explain each step in a very simple and quick manner. Filing for a divorce can be a difficult and painful process and the staff was extremely professional and clear in all guidance and explanations. I highly recommend A People’s Choice.”
C. Hannon
“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.  I recommend you give them the opportunity to be of service to you.”
D. Echeverra
“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
“This company is excellent! They helped me get through all of my paperwork, submitted it to the court, and now everything is complete. Everything was clear and almost too easy. I saved thousands of dollars!”
Seth M.
“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. I would recommend A People’s Choice for any of your needs. They are very knowledgeable in what they do. Thank you A People’s Choice for all your help!”
Debra H.
“I used A People’s Choice to complete custody paperwork. No disappointment here. The service was easy and painless. It might have been nice to have a discussion by phone, but it was still quite easy and quick via email. Overall, the process was simple and I would use A People’s Choice again.”
Michael J.
“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 is extremely customer orientated and friendly.  Their service was fast and reliable. in the future, should I need their services again, I will not hesitate to call them. All e-mails were answered with either a phone call or e-mail sometimes even late at night“
Tar
“Made the process so easy for me. Also VERY prompt replies through email. So glad I used their services.“
Kristina C.
“I used A People’s Choice for filing divorce paperwork for an uncontested divorce. The price was very affordable and fair. Excellent service throughout. Not being able to call and talk on the phone worried me at first but they responded to every email extremely quickly. Directions were very easy to understand. Will definitely use them again if I need.
Frank M.
“A People’s Choice is a business that delivers what they promise. I was treated like a VIP by their staff. As for their services, they promptly delivered all of the official documents and fillings on my behalf and their price is more than reasonable. In short, this is a business that I will always recommend and continue to use. Thank you!”
Juan B.
“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.
“I needed help understanding and filling out legal documents, but I didn’t have enough money to pay for an attorney. The staff at A People’s Choice was very professional and helpful. They took care of all of the paperwork and filings and kept me posted. I would highly recommend them. You will get outstanding service at an affordable price. “
Sharon B.
“I can’t say enough about the level of service and professionalism I received working with A People’s Choice. Emails were always responded to quickly and thoughtfully. They really care about the process and helping you get the best result with no up-selling. The process played out according to plan, and I ended up saving a lot of money by going with A People’s Choice over an attorney.”
M. Rice

Get help filing a California QDRO!

  • or call 1-800-747-2780

  • Hidden

Specificallly, to formally divide a retirement account, the parties will need to prepare a Qualified Domestic Relations Order (QDRO). Once signed by the judge, the QDRO allows the retirement account administrator to get access to the retirement plan benefits and divide them into two accounts. In other words, the division will follow the court order and divorce judgment. Contact A People’s Choice to speak with our legal document assistant about your QDRO matter. We can help you prepare the forms you need to file a QDRO after divorce to get your share of a former spouse’s retirement benefits.  Provided that you would like to prepare a QDRO without having to hire an expensive attorney, this article will explain how to file a QDRO after divorce.

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. For example, a QDRO may also be used to separate IRAs, 401(k)s, and other retirement plans. Moreover, the division can be a percentage or a specific dollar amount.  When considering how to file a QDRO after divorce, you will need to know how to divide the retirement. Provided that the divorce judgment outlines the exact division of the retirement plans, a spouse must file a QDRO after divorce once the court enters a judgment. Keep mind, the QDRO process is an extra step after the court enters the divorce judgment. In other words, the court does not automatically issue a QDRO after divorce upon the entry of judgment. Furthermore, unless the parties prepare a formal QDRO, the retirement account will not be divided.

A QDRO is a separate order granted by the court in addition to the divorce judgment. The QDRO order will contain specific directions to a pension plan administrator on how to divide the plan between the spouses. When you file a QDRO after divorce, the QDRO will be specific to one retirement account. In other words, 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. For instance, an extended delay in filing the required QDRO may hinder a party receiving their court-ordered share at a later date. You will need a QDRO if you are trying to divide the following types of plans:

  1. 401(k), 403(b), and 457 plan
  2. Tax-sheltered annuities
  3. Corporate defined benefit or pension plans
  4. Employee stock ownership plan
  5. Profit-sharing plan
  6. Thrift plan

Keep in mind, each company may have particular guidelines regarding how to divide the above-referenced plans. In other words, no two QDROs are alike.

Notifying the Retirement Plan

In California, a spouse has an assumed interest in any retirement plan that was paid into with community property funds during the marriage. Conversely, a spouse has an assumed interest in any accumulated retirement benefits accrued through employment. Once a couple files divorce, they should notify the plan administrator of all retirement accounts of their plans to divorce. Notification can be done informally in writing or through a more formal process called “Joinder.” A Joinder formally links the Plan to the divorce proceedings and puts a “lock” on the plan until the plan has been divided by the court.

How to File a QDRO After Divorce in California

The marital settlement agreement or final divorce judgment should include language about what amount each spouse is to receive from the retirement plan. If the document is silent, it may be necessary to have the court clarify the Judgment before you can prepare the QDRO. In most instances, the QDRO preparer will include a standard formula the plan adminstrator can use to to compute the amount payable. It is important to have the plan administrator pre-approve the QDRO to make sure it complies with the plan’s rquirements before filing it with the court. Once the QDRO is pre-approved by the plan administrator, you and your spouse must sign the QDRO.  Submit the QDRO with the court to have the judge sign the order. Once it is filed with the court and approved by the judge, send a copy of the document to the plan administrator. The plan administrator will provide payment instructions to both parties.

Despite common belief, 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 file a QDRO after divorce and successfully divided your retirement plan consistent with your divorce judgment. Call us today at 800-747-2780.

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.