A Qualified Domestic Relations Order (QDRO) is a court order in which a portion of a retirement benefit is assigned to someone other than the participant in the plan. This can be as part of property division in a divorce or for the purpose of spousal support or child support. All or a portion of the retirement benefit can be assigned to a spouse, former spouse, child or other dependent of the participant in the plan.
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Some courts will require that a value be assigned to every asset in a divorce. When it comes to the defined benefit pension plan, we can prepare a present value report that provides the current value of all future pension payments. Even if the court does not require a value, there are times when a present value report is needed. For instance, if the parties intend to offset assets or if a Social Security Offset needs to applied.
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It little serves an attorney to obtain a cheap present value or self-generated QDRO only to lose the battle in negotiations or – even worse – in court. We stand behind our work and remain available even years after we complete a report or draft an order. Our staff is available to help you negotiate pension issues until you bring them to a safe conclusion. And if the case goes to court, you will learn where we truly excel.
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If you represent a client who has contributed to a defined contribution plan either prior to the marriage or after the divorce, you should seek to have those contributions and investment gains excluded from the marital property that is subject to division. In most situations, if you do not submit evidence to the contrary, those investment gains will be considered marital.
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It is critical to understand the details of retirement assets before the divorce is finalized. Often, retirement plans have limitations or unique provisions that can have a significant impact on your client’s future. If you learn of these after the divorce is finalized, it may not be possible to fully secure your client’s share of the benefit.
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