The QDRO process starts with your separation agreement – the language in that agreement serves as the roadmap for preparing your QDRO. We thoroughly review your separation agreement terms to understand exactly what was assigned and identify any supplemental documents needed, such as recent account statements or plan documents. Clear, comprehensive separation agreement language is essential for smooth QDRO implementation.
We prepare the initial QDRO draft, which typically goes to the plan administrator for review. This pre-approval step is considered best practice, though it's not available with all plan types. The plan administrator will either approve the draft or request revisions for additional clarity.
We send the approved draft to both spouses and their attorneys for final review. This ensures everyone agrees with the QDRO provisions before court submission, and we address any remaining questions.
Once finalized, the QDRO is submitted to the court for the judge's signature. This step is most often handled by your attorney. We can provide the required motion to approve documentation for a separate fee if needed. We highly recommend having all documentation reviewed by counsel before filing.
The court-approved QDRO is submitted to the plan administrator for processing. The plan will divide 401(k) accounts according to the QDRO terms or place pension QDROs on file for future benefit distribution, and will typically contact both parties to confirm receipt. We can assist with completing any distribution forms you may receive from the plan administrator.
