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The document is an Employer's Administrative Manual for processing Qualified Domestic Relations Orders (QDROs), which are legal orders related to the division of retirement benefits in divorce or separation cases. It outlines the definition of QDROs, applicable plans, procedures for determining validity, roles of plan administrators and service providers, rights of Alternate Payees, and tax implications. The manual includes detailed steps for handling QDROs, sample letters, and a checklist to ensure compliance with IRS and ERISA regulations.

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Can I write my own QDRO?

You can file the QDRO without an attorney. Depending on the language of the final Orders or Separation Agreement, you may be able to get the Court to sign for opposing party. However, the type of plan is important as a number of plans do have a strict time limit to divide post-divorce (such as PERA).

How to obtain a QDRO?

You need to contact whoever the QDRO preparer is, explain the situation and ask them to send you a copy of your proposed QDRO. If neither party is represented then you need to have all parties sign, then submit it to the Court for entry.

What if my ex never filed a QDRO?

Send your ex an email requesting that she sign the QDRO so that you can document your attempt to obtain her compliance. If the two weeks pass and she does not sign, you can file a Motion for Contempt/ Enforcement of the final judgment / MSA.

Who is responsible for paying for a QDRO?

Your attorney contacts a financial services firm to prepare the QDRO, with both parties equally contributing to the QDRO fees. The financial services firm consults the plan administrator to determine the plans terms and requirements for the division of the former spouses retirement account.

Is a QDRO separate from a divorce decree?

A QDRO is issued in addition to a marital settlement agreement (MSA) or final judgment granting your divorce. It contains specific directions to the retirement plan administrator regarding how the plan should be divided between the spouses. Its essential that your QDROs are accurate and complete.

Is a divorce decree the same as a divorce settlement agreement?

You can think of the marital settlement agreement as the preliminary process required when getting divorced. On the other hand, a divorce decree legally mandates that you are divorced in the eyes of the law.

Is a decree of divorce the final divorce?

Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed.

What is the difference between a divorce decree and a QDRO?

A Qualified Domestic Relations Order (QDRO), or Domestic Relations Order (DRO) is a court order that is necessary when the division of retirement accounts of one or both spouses are part of the divorce settlement. These orders are separate from the final divorce order.

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