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Qualified Domestic Relations Order (QDRO)

Do you need a document created to divide your pension benefits as part of your divorce? If so, we can prepare, file and submit your documents to the court and plan administrator to get the job done.

What is a Qualified Domestic Relations Order (QDRO)

A QDRO or Qualified Domestic Relations Order is a court order based on the division of a party's pension or retirement benefits as part of a divorce. The QDRO orders the administrator of the pension plan to distribute a specified share of benefits to the non-employee spouse, either at the time that the employee spouse begins receiving benefits, or in some cases the Order will provide for immediate distribution of those funds to the non-employee spouse. This special order is necessary to comply with federal law governing retirement pay.

Each pension plan or retirement plan has a set of guidelines that they use to determine when benefits can be paid and/or distributed. There are many types of plans, sometimes even within the pension itself.

For example, there are defined contribution plans, defined benefit plans, 401(k) plans, CalPERS, CalSTRS, SCERS and so on. Each of these plans has their own special language that they like to see QDRO’s submitted.

From its Sacramento office, Capital LDA has successfully drafted QDRO’s for all of the plans listed above and many others as well.

For information on how to have a QDRO prepared please contact our Sacramento office.