San Bernardino & Riverside QRDO Attorney

When one’s interest in a qualified retirement plan needs to be transferred to another individual, a Qualified Domestic Relations Order (QDRO) will need to be used.  In some instances, a QDRO is used to divide pension rights in divorce cases.  Most often in such cases, a domestic order will need to be obtained beforehand which will assign some or all of a participant’s pension benefits to the other spouse.  A QDRO can also be used to collect alimony and child support or to satisfy marital property obligations.  A QDRO can be straightforward in some instances, but often the process of obtaining one is complex, especially if it is to transfer one’s interest in a defined benefits plan.  Thus, a knowledgeable and skilled family law attorney who is experienced in QDRO’s should be consulted.

Whether or not a QDRO should be sought truly depends on the divorce case.  Nonetheless, while some individuals may not even be thinking about this as a viable asset because their spouses are not retired and retirement most likely will take place far off in the future, obtaining one during the divorce case could prove to be quite prudent.  If a divorcing individual does not obtain a QDRO during the divorce proceeding, he or she risks forfeiting all of the benefits that he or she may have otherwise been entitled to.  If the plan holder becomes disabled, remarries, quits his or her job or is fired, withdraws funds from the plan before retirement, or takes out a loan against the plan after the divorce is finalized and a QDRO was not obtained, the plan holder’s former spouse most likely will lose any claim that he or she may have had.   

What Types of Pension Plans are Required to Accept QDRO's?
Most pension plans issued by private employers are subject to ERISA requirements, which honor QDROs.  Under ERISA, private pension plans and such benefit plans as 401(k)’s, 403(b)’s, and 457’s can be divided by a QDRO.  However, with government and military plans this is not always the case.  In some instances, Federal and State government civil service plans, IRA’s, and military retirement plans may be divided with a Qualifying Court Order. 

Because the process of obtaining a QDRO is often complex, the motion should only be drafted by a qualified and experienced QDRO family law attorney.  At the San Bernardino/Riverside Family Law Office of Michael R. Young, APC, we specialize in divorce cases that involve such complexities as dividing retirement assets.  San Bernardino/Riverside Family Law Attorney Michael Young has the legal expertise you need to make the QDRO process as smooth as possible.  Mr. Young is fully committed to ensuring that his clients’ rights are protected and their goals are achieved. 

For more information on how San Bernardino/Riverside Family Law Attorney Michael Young can help protect your financial security, contact us today.