Dealing with 401(k) Loans
It is common to encounter a 401(k) account where the participant has taken a loan. [...]
How to Divide an IRA During Divorce
The division of an Individual Retirement Account (IRA) during a divorce does not require a [...]
Marital Portion Math Problem
A large majority of states (as many as 47 by some counts) have a similar [...]
The Ohio Public Plan Survivorship Headache
While Ohio’s public retirement plans do not provide pre-retirement survivorship for former spouses, they do [...]
Lifetime Income for a Former Spouse of a Federal Worker
The Office of Personnel Management (OPM) does not permit a separate interest approach when assigning [...]
Administrators Should Only Review the QDRO Itself
An issue that we have run into numerous times (and continue to run into) is [...]
Social Security Benefits Cannot be Divided by a QDRO
Noble v. Noble, 9th Dist. Lorain No. 19CA011472, 2019-Ohio-5372 (December 30, 2019) Issue: Can the [...]
Establish Your Separate Property or Lose It
Dodaro v. Dodaro, 10th Dist. Franklin No. 18AP-714, 2019-Ohio-4864 (November 26, 2019) Issue: Did the [...]
How does one secure post retirement survivorship in a QDRO?
Post-retirement survivorship can be obtained through the two very different types of pension QDROs: Separate [...]
Use the Right Letters to Divide Retirement Benefits
Once you decide what retirement benefits are to be divided, you must choose the proper [...]
Ohio Supreme Court Rules on Modifying Divorce Decree
Walsh v. Walsh, Slip Opinion No. 2019-Ohio-3723 (Sept. 18, 2019) overturning 11th Dist. 2018-Ohio-2466 Issue: [...]
Complete the QDRO ASAP
We always suggest that the applicable division order for a retirement asset—whether it be a [...]
Did you know?
We recently added a tagline to our logo that describes who we are and what [...]
Defined Benefit vs Defined Contribution Plans
Kapp v. Kapp, 2d Dist. Clark No. 2018-CA-133, 2019-Ohio-133 (October 4, 2019). Issue: Did the [...]
QDRO Group on the Road
On October 24th and 25th we sponsored ICLEF’s 17th Annual Family Law Institute in Indianapolis. [...]
Plan Loans/Withdrawals Taken During the Marriage
Daugherty v. Daugherty, Butler County Court of Common Pleas No. DR18 06 0563 (August 30, [...]
Did the Separation Agreement/Judgement Entry cause the court to choose a frozen coverture QDRO over your traditional Hoyt-coverture Order?
Unfortunately, the answer to that question is increasingly “Yes.” We base this on our extensive [...]
Disability Payments Taken in Lieu of a Pension Are—Sometimes—Considered Marital Property
Grisafo v. Hollingshead, 8th Dist. Cuyahoga No. 107802, 2019-Ohio-3763 (Sep. 19, 2019) Issue: Is an [...]
How the Certainty of Death Causes Uncertainty in Dividing Retirement Benefits
As the oft-quoted line attributed to Benjamin Franklin goes, “In this word nothing can be [...]
Present Values, Trial Court Discretion, and the Value of Expert Testimony
Forman v. Forman, 3rd Dist. Marion No. 9-13-367, 2014-Ohio-3545 (August 18, 2014) Issue: Did [...]
Language Comes Back to Bite a Decade Later
Johnson v. McCarthy, 10th Dist. No. 17AP-655, 2019-Ohio-3489 (August 29, 2019) Issue: What is the [...]
Danger of Offsetting Pension and 401(k) Plans
Defined Benefit (DB) Pension and Defined Contribution (DC) 401(k) plans have very different characteristics, including [...]
Issues with Offsetting a Pension Decision
Ganues v. Ganues, 3rd Dist. Seneca No. 13-18-36, 2019-Ohio-1285 (Decided April 8, 2019). Issue: Can [...]
A QDRO Only Implements a Settlement Agreement; It Cannot Change the Agreement
Reynolds v. Turull, 12th Dist. Butler No. CA2018-10-197, 2019-Ohio-2863 (Decided July 15, 2019). Issue: Is [...]
Divorce Decrees are Final; Make Sure all Retirement Benefits are Addressed
Schaad v. Schaad, 5th Dist. Morgan No. CV05-098, 2019-Ohio-2553 (Decided June 19, 2019). Issue: Can [...]
Incorrect Dollar Amount in a Separation Agreement
Kmet v. Kmet, 8th Dist. Cuyahoga No. 107759, 2019-Ohio-2443 (June 20, 2019). Issue: Can the [...]
10 Years Means 10 Years—Not 9 years, 364 Days, and 6 Hours
Moon v. Shalala, ND New York No. 93-CV-1267 (October 4, 1994). Issues: How is the [...]
Interplay of Local Rules and Separation Language Decision
Tekamp v. Tekamp, 12th Dist. Warren No. CA2018-08-092, 2019-Ohio-2382 (Decided June 17, 2019). Issue: How [...]
Discover Retirement Assets Early and Completely
Over the years we have witnessed too many retirement assets that could not be divided [...]
DROP Decision
Archer v. Dunton, 9th Dist. Summit C.A. No. 29091, 2019-Ohio-1971 (Decided May 22, 2019). Issue: [...]
Perils in Delaying Filing a QDRO and the Complex World of Taft-Hartley (Multiemployer) Plans
Davis v. Boilermaker-Blacksmith National Pension Trust, ND Ohio No. 3:16-cv-2746 (March 4, 2019). Issue: Was [...]
Tool for Attorneys: Present Value Calculator
We offer an online present value calculator as a tool for attorneys needing a ball [...]
Pension & Expert Smorgasbord
Hine v. Hine, 6th Dist. Wood No. WD-18-023, 2019-Ohio-734 (Decided March 1, 2019). Issue: How [...]
Welcome to the QDRO Group Blog
Since 1985 we’ve been partnering with family law attorneys to wisely divide retirement assets and [...]