Article provided by: msmqdros.com


Retirement accounts for divorcing women and men are hotly contested in a divorce. Each party wants to assure their financial security into the future. This makes the QDRO form among the most important tools in your divorce proceeding. The team at Moon, Schwartz, and Madden wants to help you falling into the more than 50 percent of self-represented parties that fail to achieve a favorable result.

How do I protect my retirement assets in a divorce?

There are multiple types of retirement accounts. The law considers some, such as the 401k and 403b, to be communal property. This means that spouses have a legitimate claim to these assets barring an order related to a previous marriage.

A qualified domestic relations order or other forms issued by a divorce attorney and signed by a judge are the best way to avoid complications. The QDRO explicitly impacts 401k an 403b funds. These forms ensure that every party has access to the funding they deserve.

What shouldn’t I file a QDRO on my own?

It is entirely possible to file your own petition but just like when building a complicated piece of machinery, the form can fail or result in a greatly reduced outcome. Most self-represented parties never fully realize their benefits.

Judges want specific information and may reject or requests revisions to suit the letter of the law. Only when you use a fine-toothed comb and proper investigative channels can you receive the benefits you deserve or protect a beneficiary.

How do I fill out a QDRO?

The process of completing the QDRO starts before you even obtain the form from your local court or an attorney. Tracing and actuarial estimation form a full picture of the eventual account value in terms of present-day dollars. This helps you form a case for the requested dollar value.

Once you know the value of a retirement account, file supporting documents. Only file the form once the courts have evidence of your community property. After you build a complete and accurate picture of your finances with the court can you fill out your legal name, address, and other requested information.

Do I need to use my actual name on a QDRO?

Every legal document requires your legal name and actual address. Failing to fill out the document correctly results in immediate rejection.

If you do not like your existing name, change it before filing the document. Many divorcees have temporary addresses as well. In this case, it may be best to obtain a PO Box. This is not only a good way to secure your retirement but to ensure you receive legal documents as well.

Where can I find help filling out a QDRO form?

The QDRO form is much more than just a document. It is a request to the court to look at all your finances and reserve a portion of an existing 401k or 403b. A single error or unfiled document may lead to financial insecurity in the future.

Assure a fair and complete outcome with the help of a qualified attorney. Contact Moon, Schwartz, and Madden today at (925) 258-7100.

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