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Defined Benefit/Defined Contribution Plans
Governmental Plan & Military Plans
A Qualified Domestic Relations Order (QDRO) is a legal document that the IRS recognizes as a method of allowing the tax-free transfer of retirement plan assets to a non-participant spouse and/or dependant(s) pursuant to a divorce and is made in accordance with state domestic relations law. QDRO’s were created by the Retirement Equity Act of 1984 as an amendment to the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), which protected retirement plan assets from creditors. A retirement plan will not divide benefits or provide for payments without a QDRO that meets with the Plan Administrator’s approval. Even a signed court-certified QDRO may be rejected by the Plan Administrator for failing to meet their requirements, as the Plan Administrator has been given the sole authority by ERISA to determine what qualifies as a QDRO, not the courts.
Divorce Financial Solutions offers Qualified Domestic Relations Order (QDRO) drafting for Qualified ERISA plans, as well as the drafting of Court Orders for division of federal, military and other non-ERISA retirement plans. We offer a quick turnaround on orders, personal service and total satisfaction when you retain us for drafting services. Our President, Garrick G. Zielinski, is a retirement plan expert with over 23 years of experience. He has spent years dealing with QDROs and numerous retirement plans. Though his experience and knowledge of how the process works, he can get fast approval from a plan, for our low-cost.
How this process works is you can download our QDRO information fact sheet on our web site or have us send you a copy of our QDRO information fact sheet. Generally what is required is full names of each party, dates of birth, Social Security numbers, and all relevant information such as: Case number, County where divorce will take place, who is petitioner or respondent to the action and which member is the retirement plan participant. Complete this document and return it to us promptly. If all the necessary information is filled out and we are not waiting for anything, our drafting process will begin.
Divorce Financial Solutions offers complete follow-through service which includes:
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Drafting a preliminary Domestic Relations Order (DRO)
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Presenting a preliminary DRO to Plan Administrator and attorney(s)
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Negotiate and facilitate DRO language in the best interest of both parties and pursuant to the divorce settlement
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Provide final QDRO to the attorney to be presented to the Court and to the Plan Administrator for implementation.
The total process can run very smoothly and be accomplished within 30 days. However, in more difficult situations, the amount of time it will take can be substantially longer. Please click the link below to download the
Retirement Account Authorization Form and fax or mail it to us. Upon receipt of the completed form, we guarantee that the DRO will be drafted within 2-3 business days. Please call us if you need assistance.
Retirement Account Authorization Form
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