Federal law states that a retirement benefit can only be divided between former spouses if there is a QDRO. This means that a divorce decree issued by a state court may not be enough, even if the divorce decree clearly states that the retirement benefit should be divided. While it is sometimes possible that the divorce decree itself will meet the requirements for it to be treated as a QDRO, in many circumstances a retirement plan will require a QDRO that is a separate document from the divorce decree. While it is technically possible to obtain a QDRO long after the divorce decree is issued, it is always better to obtain a QDRO and to file the QDRO with the plan as quickly as possible. We can help make that process as smooth and worry free as possible.
Make an appointment with us today and we can discuss exactly how the QDRO process works.
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