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QDRO - What Is A Qualified Domestic Relations

By Sunny Emmerwitz | Nov 1, 2009

Explained There is a lot of confusion about what a QDRO, or qualified domestic relations order really is. To tell you the truth, there are also many people who have never heard of such a thing. A QDRO is a legal document that is usually filled out by an attorney on behalf of a couple that is getting divorced. This document is a petition to divide retirement funds between both parties.

Who should fill out a QDRO form? If you and your spouse have decided to call it quits and get divorced and have retirement funds, you are the perfect candidate for a qdro. If there are retirement funds, chances are that you are entitled to at least half of it.

Why Is It Necessary To Fill Out & Submit A QDRO? Many people think that because they are working with a divorce attorney that all of their assets will be divided equally, even retirement funds. This is simply not so. Because retirement funds are different than regular assets, they require a different form to be filled out and a different process to resolve the dispute.

How does someone fill out and submit a QDRO? When it comes down to it, there are only two ways to fill out and submit a qdro form. One, you can hire a professional to fill out the form and submit it to a judge for review and approval. The success rate in going this route is way better than the second way of doing things.

The second way is to find a good qdro attorney to fill out the forms and submit them on your behalf. If you find a good attorney who specializes in filling out qdro documents, chances are, you will have success in getting the money you are entitled to you.

When Should Someone Fill Out A QDRO? Lawyers and judges recommend that you fill out a qdro soon after you decide that you are getting divorced. Normally, when the decision is made, you will most likely seek legal counsel right away. Your divorce lawyer might be able to fill these documents out for you, but if they can’t, they should be able to give you the name and contact info for someone who can.

So, if you are entitled to a retirement fund that your spouse has built up over the years of employment, you definitely need to fill out a qdro right away. As with any legal document, it is always wise to seek the advice and counsel of a qdro attorney.

A QDRO is required when a divorcing couple has retirement assets that need to be divided. QDRO forms are best filled out by a qualified lawyer.

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