Legal Question in Family Law in Kentucky
In my divorce it is stated that I will recieved 50% of my ex-husband's pension. I just talked to the Pension Benefit corp. and I was told that I would need a "Qualified Domestic Relations Order"which a judge has signed..to send to them. What is this and how do I get it?
Is there a cost and shouldn't this have been taken care of by the divorce decree?
1 Answer from Attorneys
A Qualified Domestic Relations Order (often called a QDRO), is necessary because the Pension Benefit Corp is not a party to the divorce. Therefore, the Decree does not bind them in any way. If you had an attorney, they ordinarily would prepare the QDRO to make sure it is done correctly and, yes, there is usually a charge of a few hundred dollars. The attorney must contact the retirement account folks and make sure that the QDRO as drafted will be acceptable to them and then submit it to the judge. It is usually best to have this done just prior to the decree being entered or at the same time.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
