Drafting of Qualified Domestic Relations Orders and Retirement Benefit Orders
When it comes to retirement assets, there’s a lot at stake.
For many married couples, their retirement accounts are among their largest assets. When divorce occurs, a spouse has a right to a share of the retirement plan benefits earned during the course of their marriage. But if a Qualified Domestic Relations Order (QDRO) is not entered in the divorce case, these valuable rights may be waived and taxes will be triggered. For over 60 years, the family law attorneys at Andalman & Flynn have provided industry-leading advice and counsel to clients on a wide range of pension plans and other types of retirement assets. Rely on us to help you get the benefits to which you’re entitled.
The Qualified Domestic Relations Order is a powerful tool.
A qualified domestic relations order (QDRO) is a legal document that can be used to divide retirement assets in plans qualified under the Employee Retirement Income Security Act (ERISA). Retirement and employee benefit plans subject to ERISA are generally private-sector plans. In addition, the QDRO can be used to provide for a private-sector retirement plan to make payments of child support, alimony, or marital property rights to a spouse, former spouse, child, or dependent of the retirement plan participant. In order to ensure that you receive a share of your former spouse’s retirement plan, it’s crucial for the court to enter a QDRO or other applicable order separate from the divorce decree.
Andalman & Flynn’s services regarding retirement benefits orders include:
- Securing retirement benefits orders to divide retirement assets
- Securing retirement benefits orders to enforce alimony or child support obligations
- Defending against claims for the division of retirement benefits
- Defending against claims for a retirement benefits order to enforce support obligations
- Negotiating a Marital Settlement Agreement including the division of retirement benefits by court order
- Drafting retirement benefits orders
- Providing advice regarding retirement benefits orders to minimize tax consequences or penalties
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