Legal Question in Family Law in New Jersey

QDRO form

Is the attorney responible for filing this form for the 401k, Should these fees already be included in the divorce?


Asked on 11/08/08, 11:38 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: QDRO form

The Qualified Domestic Relations Order (QDRO) is not a "form", but rather is a very particularized Order that must be prepared in order to divide retirement funds in a divorce. Like anything else that your attorney does for you, you would need to pay for his or her time while he/she prepares the order. Unless your attorney charged you a flat fee for doing your entire divorce (which is highly unlikely), the fees would not already be included, in that attorneys charge an hourly rate for what they do.

Some attorneys choose to have another company prepare the QDRO. There are some good ones out there. You may save some billable time by doing it that way; in that case, you would only pay your attorney for his/her time in reviewing what was prepared, but you would still pay that company for the preparation cost as well.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney (or speak with your own attorney if you have one currently) concerning this issue. Good Luck! Rob Gleaner

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Answered on 11/09/08, 7:41 am


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