| jaiye |
| (old hand) |
| 10/21/08 07:17 AM |
Re: Pensions and QDROS
|
You are most likely going to need an attorney to draw up the QDRO. It has to be done to an exact way in order for the pension plan administrator to accept them. Each pension plan has their own formula that they want it to adhere to.
If the division is not done through a QDRO which stands for Qualified Domestic Relations Order then taxes and penalties will be assessed on any funds that are removed from your STBX's retirement or pension plan.
Normally what happened is that the attorney will contact the plan administrator for a template for the QDRO for the plan. The attorney will write the QDRO to the plans specifications. Your X and you will both sign off on it. It then gets submitted to the plan for approval and then it will got to the judge for him to sign approval to turn it into an order and then gets sent back to the plan administrators for it to get divided and your portion set aside for you. You do realize that you are only entitled to half of only the portion that was accrued during the marriage and not to half of anything that accrues after the divorce? And actually paragraph 2. is completely not needed unless of course you just took it out last week instead of years ago. Why would you bother to tell the judge about something that happened before the divorce filing unless you are trying to get reimbursed for the monies spent.
In any case I have worked for two different lawyers and I wouldn't try to file for the QDRO myself even though I have typed many filings. Too much at stake if you get it wrong.