A Qualified Domestic Relations Order (QDRO) in California

A Qualified Domestic Relations Order (QDRO) in California is the topic of this blog post. A QDRO is a judgment or order that is made under California law and that:

Relates to the provision of support or property rights to an "alternate payee";

Creates, acknowledges, or assigns to an alternate payee a right to receive benefits under the pension or retirement plan, and

Meets certain statutory requirements.

Laws were enacted by the United States Congress in 1984 that made it easier for former spouses to receive a portion of the pension benefits awarded to them. A QDRO is a court order, separate from a divorce decree, instructing the Plan Administrator to distribute the share of a former spouse of the retirement benefits to that former spouse. If a party has been awarded a portion of their former spouse's pension or retirement benefits, it is very important that a QDRO be prepared, and as quickly as possible due to the fact that even if a party is awarded one-half of their former spouse's pension, and he/she dies without a QDRO on file, they will be entitled to nothing.

The marital settlement agreement awards a party their community half of the pension or 401(k) Plan and the participant cashes it out, the employer is obligated to give it to him/her if there is no QDRO. If a QDRO was not received by the Plan Administrator before the participant actually retires, the other party loses options and may lose benefits!

Not every pension and 401K plan requires a QDRO. Parties should contact both their and their spouse’s human resource department or retirement plan administrator to determine if they need one. Most mid-size to large companies are quite familiar with answering inquiries If so, the draft QDRO must first be approved by the actual plan before it can be submitted to the Court for approval. This process may proceed quickly or may be delayed for several months depending on the company. After the company approves the QDRO both spouses will need to sign it and it will then be submitted to the Court for the Judge's signature. The order is then sent to the retirement plan administrator for implementation.

Attorneys or parties in California who would like to view a portion of a 9 page sample Qualified Domestic Relations Order sold by the author can use the link shown below.

http://www.scribd.com/doc/118468970/Sample-Qualified-Domestic-Relations-Order-for-California

 

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view other sample legal document packages for sale by visiting: http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.