Simplifying the Division of Retirement Benefits in Divorce
Retirement benefits and pensions are among the most complicated assets to divide in a divorce. Luckily, there’s an order specially designed to simplify the process. A qualified domestic relations order (QDRO) can outline how a spouse’s retirement savings will be redistributed between a divorcing couple.
What Does a QDRO Include?
QDROs outline the division of retirement plans and benefits subject to the Employee Retirement Income Security Act (ERISA). A QDRO may outline:
- How the benefits can be acquired by the alternate payee, whether in one sum or in multiple payments
- Protocol for what will happen if the alternate payee passes away before receiving the entirety of their share
- Protocol for what will happen if the individual with the retirement account passes away before the alternate payee has received the entirety of their share
- The benefits that will go to the alternate payee
- When the alternate payee will have access to the benefits
How Can I Get a QDRO?
Our lawyers can draft a QDRO tailored to your benefits. After crafting a document, you deem suitable, we will present it to the court, requesting the QDRO be approved by a judge.
After acquiring a judge’s approval, a retirement plan administrator will review the document to ensure it aligns with the retirement plan and ERISA standards. The alternative is for the plan administer to preapprove the QDRO before it is submitted to the judge. Galmiche Law Firm, P.C. can help you protect the future you’ve been saving for. Contact us today online or by phone at (636) 552-4841 to get started with a free consultation.