Legal Question in Family Law in New Mexico

My daughter just had her divorce finalized and the judge told her husband that she intitled to half of his retirement money. The judge told my daughter that she would have to hire an attorney to help her get this money. Can you tell me what type of attorney that she needs to hire to get this money? Your help in this matter would be greatly appreciated.

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Cheryl Brownlee


Asked on 9/16/10, 10:34 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

The order the judge was referring to is called a "Qualified Domestic Relation Order." The abbreviation is QDRO and some people pronounce it Quad-roe and some pronounce it Cued-roe. Both pronunciations refer to the same thing. The easiest way to explain it is to imagine the ex-husband worked for the railroad. The railroad had a retirement program. The ex-wife is entitled to 1/2 of the retirement husband earned while the parties were married. So, lets say, for example, husband had worked for the railroad for 5 years; then met wife and married her on year 6 and they were married for 10 years then got divorced. Wife is entitled to 1/2 of the retirement for the 10 years of marriage - she is NOT entitled to 1/2 of the whole 15 years. (Please understand this is a generic explanation). Most often FAMILY Lawyers or Domestic Relations Lawyers or Divorce Lawyers make QDROs. So, you want your daughter to find that type of a lawyer.

There are other nuances associated with making a QDRO but once she has obtained the attorney that attorney will be able to explain such things to her.

Good Luck

Law Guru

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Answered on 9/21/10, 11:42 am


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