As a general rule a Qualified Domestic Relations Order (QDRO) is necessary to divide retirement benefits following entry of a divorce judgment. The starting point is to obtain an approved Order form directly from the Plan administrator. The order can then be tailored to your specific decree.
Let us help you with your Qualified Domestic Relations Order (QDRO). Contact us or call the Law Offices of Paul F. Sherman at (503) 223-8441 for a free Qualified Domestic Relations Order consultation or for assistance in dividing your retirement benefits.
A common mistake that many attorneys make is thinking that if a judge orders it, then the Plan must comply. This is simply not true – the Plan Administrator has the final say about a QDRO. The Plan simply cannot provide any benefit that is not available under the terms of the Plan. There are many reasons why proposed QDRO’s are rejected. The more common ones are as follows:
• Referencing the wrong plan name.
• Submitting the wrong type of QDRO for the Plan.
• Failure to address increases or decreases in a defined contribution plan.
• Incorporating an invalid valuation date.
• Failing to include beneficiary language for defined contribution plans.
• Improperly dividing a percentage and a dollar amount.
• Selecting a disallowed form of benefit designation for a defined benefit plan.
• Failing to indicate from what Plan payments will be paid.
• Defining a form of payment that is inconsistent with the Plan guidelines.
Drafting an acceptable QDRO requires working with the Plan Administrator and preparing a QDRO that complies with your company’s retirement plan.
PAUL F. SHERMAN IS A SKILLED QDRO AND RETIREMENT BENEFIT ATTORNEY.
We know you have questions and we have answers. If you would like to know more information about preparing a Qualified Domestic Relations Order or how to divide your retirement benefits. Contact Us or call the Law Offices of Paul F. Sherman at (503) 223-8441 for a free qualified domestic relations order consultation.