Legal Question in Family Law in Minnesota

Re: qualified domestic relations order

It is a separate order that you must have your lawyer draft and submit to the court for approval and signing. the signed copy is then sent to the plan administrator for division of the plan.

Please visit divorceprofessionals.com

Re: qualified domestic relations order

Thank you for your question. A qualified domestic relations order is the order that actually divides the pension benefit pursuant to a divorce decree.

This special order, often called a QDRO, is not merely a form in which you fill in the blanks, although many parties, and even attorney's, sometimes treat it this way. The manner in which the QDRO is drafted can dramatically affect the distribution of pension benefits, since the order must describe not only the amount that will be paid to you, but how that amount will be calculated. In some cases (involving 401(k) retirement plans, for example), the determination of your benefit is straight forward -- it's a matter of determining the value of the plan, and having a certain amount or percentage set aside for you. There are occaional problems even dividing 401(k) plans (if, for example, there is a loan against the plan, or there has been a distribution from the plan), but generally, dividing such pensions is relatively straight forward.

Old fashioned pensions (that pay you a certain amount based on years of service) require considerably more care. Preparing a QDRO for these sort of plans involves making a number of assumptions about how your share of the pension will be calculated, and depending on the method that is used, the amount of your pension benefit could be significantly affected. This is, incidentally, an area of periodic attorney malpractice where the consequences of sloppy drafting can be very serious.

You should first consult your divorce lawyer if you have a question about the QDRO. If your divorce lawyer is not working on the issue, or is unavailable, you should contact another attorney promptly. Depending on how long ago you were divorced, you may find that the pension has already gone into pay status or otherwise been partially or fully distributed.

If you have further questions, you may feel free to contact me. My contact information is below.

Good luck, and don't wait too long to resolve this matter.