In most cases, you have retained our law firm to draft and submit your QDRO for entry and approval. The entire process from retention to payout may take several months. The drafting stage is usually the quickest part of the process. The longest stage is typically the plan administrator's qualification or approval of the QDRO. Please be patient.
Identify the retirement plan that need to be divided. We will need a plan statement and/or Summary Plan Description of the target plan. The type of plan at issue will determine how the QDRO is structured.
Our firm will draft your QDRO based upon the parties intent and terms of your divorce decree. Our firm will complete the drafting stage in 30 days or less, in most cases.
A draft will be sent to the plan administrator for preapproval, in most cases. Most plans will review the draft with 30- 60 days. You will not receive any updates on your case for 60 days once a draft has been sent to the plan.
You will review and approve any QDRO before we send to opposing party for approval.
An executed original of the QDRO will be sent to the assigned Judge for approval and entry.
Our firm will serve the plan administrator with a certified copy of the entered QDRO for qualification (approval).
Once the plan administrator has approved your QDRO, they are required to communicate with you directly, and in writing. It is your responsibility to communicate with the plan agent to secure your award and make the appropriate elections under the plan.