About Qualified Domestic Relations Orders (QDRO's)

Qualified Domestic Relations Orders (“QDRO’s”) are federally-mandated Orders, which are needed at the end of a Family Court dissolution or divorce to accomplish the division, between divorcing parties, of various retirement and pension plans, which were accrued during the marriage. QDRO’s can also, in certain less usual circumstances, pay for alimony and child support.

These Orders not only divide up these retirement plans; but, they also provide that the tax burden for the division is divided between the parties, rather than borne by just one or the other. QDRO’s can also provide for ongoing benefits in the event of the death of one or the other parties and for allocation of growth in the plan as it may occur.

There are many kinds of QDRO’s and some even have different names. However, the generic name, QDRO, is used for all of them. QDRO’s, or their equivalent, can divide Individual Retirement Accounts; 401(K)’s; Thrift Savings Plans; private pension plans; Civil Service pension plans; state and other government retirement plans; military retirements; and railroad retirements. With minor exceptions, each sort of plan has a “plan administrator” with whom we work directly to obtain pre-approval of the Order we draft for you, so when a QDRO is ready to be signed by a Judge, there should be no problems or delays. Because of all of the possible variations in QDRO’s, they require the assistance of an experienced attorney and staff (as opposed to a financial planner, accountant or other non-lawyer) to draft them.