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What a QDRO establishes during divorce

What a QDRO establishes during divorce

  • Property Division, QDRO

As Michigan couples negotiate divorce settlements, they might include a QDRO as part of their property division. QDRO stands for qualified domestic relations order, and it establishes that a person can receive payments from their ex-spouse’s retirement plan.

However, there are stipulations attached to a QDRO. The domestic relations order must be issued by a court, and it must be accepted by the retirement plan to become qualified. The QDRO must include the name and mailing address of the plan participant and the alternative payee as well as the percentage of the payment that the payee will receive.

Usually, these orders are filed during the divorce, but it is possible to file the order years later. If an order is filed later and the participant has already begun to receive payments, the new terms only apply to future payments. If an order is filed after the divorce, and the divorce settlement did not include the retirement account, it becomes more difficult to acquire a QDRO as the person seeking it must get a lawyer and file to reopen the divorce. This process can take many years.

QDROs are issued for retirement plans sponsored by private organizations or non-profits. Similar orders have different names. For retirement plans for federal government employees, the order is called a COAP, which stands for court order acceptable for processing. This is a benefit that should not be overlooked when negotiating property division as retirement accounts can be very valuable assets.

The divorce process can be complex and include many different aspects, such as property division. Michigan residents beginning the process might find it beneficial to consult with a lawyer with family law experience. A lawyer may offer legal guidance as well as support in gathering documents before the process begins, filing orders with the court and representing clients during negotiations and court appearances.

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“[They] represented me in a very difficult divorce and stood by me through numerous conflicts with my ex-wife after the agreement was final. Annette assisted me in every step of the case preparation, provided outstanding council regarding the financial settlement, anticipated difficult questions from the court and opposing counsel, presented my case professionally and persuasively, and when things got tough this woman became a velvet hammer! Annette maintained her professional edge at all times as she politely, yet forcefully pummeled the opposing counsel’s arguments. It’s clear that she has earned the respect of Judges. This respect and her credibility benefited me and my position during difficult litigation and in the decisions made by the Judge. Over the years since my divorce was final, Annette has promptly responded to my post judgment requests for support and frankly, she has never failed me. Great advice, great guidance and great support. When you’re in front of a Judge in these very trying important moments, you realize how critical it is to have the right representation. Annette and the office staff worked together, with me, to successfully fight the most important battle of my life. Hiring Annette Benson Law was one of my very best decisions.”
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.