Jennifer Ray’s Legal Blog

Marital assets such as retirement accounts and 401k accounts are subject to special division mechanisms to properly get a client their awarded share of the asset.  This is contingent, of course, on the specific asset, the percentage of the asset awarded, and the financial institute or employer holding the account.            The majority of retirement accounts must be divided by a qualified domestic relations order, or “QDRO” as it is commonly referred to in the family law context.  A Qualified Domestic Relations Order is separate and specialized document signed by the Court ordering the division according to the terms of the division specifically identified in the final decree.  A qualified domestic relations order can be submitted to the Court at finalization of the divorce or even after the divorce has been granted. Qualified Domestic Relations Orders can be obtained several ways.  Some attorneys will draft their own document to be submitted to the court.  A qualified domestic relations order can sometimes be obtained from the participating spouse’s employer.  Most large companies and corporations will offer their own generic qualified domestic relations order for asset division.  Because of the specialization and requirements by different employers as to what constitutes an effective qualified domestic relations order, other attorneys outsource the document to a company that deals with qualified domestic relations order on a daily basis.  A party should consult with an attorney familiar with family law to discuss the necessity of obtaining a qualified domestic relations order.