Technical logistics of QDRO

[Gary]

I prepared a 2 page QDRO. It is essentially a basic word document that provides all the necessary information that s/b contained in a QDRO.

I was hired by the two spouses. That is, they agreed to use me.

My question is: Is t his sufficient? That is, does the QDRO have to be in some fancy legal format, like that of a lawsuit, or is this simple presentation allowed?

My understanding is that the draft QDRO, if agreed by the two divorcing spouses is then presented to a judge who approves the division of assets as a domestic relations order. Of course the plan administrator has to determine that it satisfies the rules to be a qualified DRO.

Then once that is all complete the two spouses sign off on the QDRO and it can be executed.

Is that a correct uunderstanding?

Thanks.

[GMK]

Seems to me that the QDRO does not need any fancy stuff. It's just got to say all the things that it needs to say to satisfy the plan administrator that it is qualified.

Once the judge signs it and the plan administrator determines that it is qualified, it can be executed.

Others may have more to say on this.

[mbozek]

I prepared a 2 page QDRO. It is essentially a basic word document that provides all the necessary information that s/b contained in a QDRO.

I was hired by the two spouses. That is, they agreed to use me.

My question is: Is t his sufficient? That is, does the QDRO have to be in some fancy legal format, like that of a lawsuit, or is this simple presentation allowed?

My understanding is that the draft QDRO, if agreed by the two divorcing spouses is then presented to a judge who approves the division of assets as a domestic relations order. Of course the plan administrator has to determine that it satisfies the rules to be a qualified DRO.

Then once that is all complete the two spouses sign off on the QDRO and it can be executed.

Is that a correct uunderstanding?

Thanks.

Gary:

Maybe the reason we are quite and did not immediately answer your question on this board after it was posted is that we have day jobs that allow us to pay the mortgage and post at night.

To answer your question, most DB plans as well as as some DC plans have specific provisions that must be included in any QDRO. My recommendation is that you contact the plan administrator to find out if there is a model QDRO that contains sample language that should be included in order to be approved by the plan administrator.

[Gary]

Thanks.

Good advice.

[Gary]

Revisiting the QDRO preparation.

I prepared the word document that would be presented to the divorce attorneys and spouses and then approved and forwarded to the divorce judge.

The document I preared followed all procedures that the plan administrator requires and followed IRS and DOL language in prior Notices. However, it was not in a formal ORDER format.

A tax attorney at my firm said that a word document is not an acceptable format to provide to the judge and that it must be stated as a formal ORDER to the judge. All that legalese, etc. The attorney than proceeded to draft an ORDER and disregarded my word document.

Any comments on the action by this attorney?

Thanks.

[J Simmons]

See response to the other of this double post.