What Is a QDRO and When Would I Need One?

 Posted on August 16, 2019 in Property Division

Getting divorced is stressful on many levels. It is emotional and can be financially burdensome at the time of the divorce and in the future. Young couples filing for divorce are not often thinking about retirement; however, properly preparing for the future should be on the mind of divorcees throughout the proceedings. One of the best ways to secure your future financially is to obtain a qualified domestic relations order (QDRO). This is an order that ensures the recognition of a second party in receiving a portion of the retirement benefits from their former spouse’s plan. While you may believe that you are entitled to your ex’s retirement benefits, the only legal way to secure this money is through a QDRO.

Who can receive money through a QDRO?

This legal document has limitations regarding who is considered eligible to receive financial assistance. The recipient is known as the “alternate payee” while the plan holder is known as the “participant”. Alternate payees can include spouses, former spouses, children, or other dependents of the participant.

What should be included in a QDRO?

Each retirement plan has individual requirements; however, there is certain information that must be included on every QDRO request. These include:

1. The name and address of the participant and alternate payee
2. The name of each plan to which the order applies
3. The dollar amount or percentage of the benefit to be given to the alternate payee
4. The number of payments or time period of the order

Can I get a QDRO after my divorce?

QDROs can be filed at any time. Whether you are in the middle of the divorce process or have been divorced for a decade, QDROs do not have a time limit. This is done in part because financial situations can change over time. While some may have a retirement plan with their job at the time of their divorce, they may change jobs later on and find themselves in need of financial support. QDROs can also be filed for after the former spouse’s death; however, it must be consistent with the terms of the retirement plan. QDROs can be filed for long after the divorce is finalized but it is best to obtain one and file the QDRO with the retirement plan as quickly as possible.

Obtaining a QDRO with the Help of a Kane County Attorney

All legal processes go much smoother with an experienced attorney by your side. If you are in the middle of your divorce, you should notify your attorney that you may need the financial assistance later in life. You may also need to contact the plan for information about your spouse’s plan if your spouse is not willing to provide you with that information. At Shaw Sanders, P.C., we draft QDROs during or after divorce to ensure that you receive the proper allotment of finances later in life. If you are considering divorce or need assistance drafting a QDRO from a divorce that happened years ago, contact our experienced St. Charles, IL divorce attorneys at 630-584-5550 for a free consultation.

Sources:

http://www.pensionrights.org/publications/fact-sheet/i%E2%80%99m-getting-divorced-what-qualified-domestic-relations-order-and-why-should-

https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/faqs/qdro-overview.pdf