QDRO for Disney plan

[jimbo1962]

At this time, we have not hired a lawyer.  Not saying that we may need to do so in the future.  We were able to use the Disney Fidelity QDRO format to create a QDRO.  We cannot submit this QDRO back to Disney Fidelity until it is signed by a Judge.   The other party involved has a lawyer.  I realize we have to submit to the Judge for signing; however, by law, do we also need to send a copy to the other side.   Or do we wait until the QDRO is signed by the Judge, then send them a copy?  We are in Florida.   Thanks for any insight. 

[Belgarath]

I am not a lawyer, I'm a TPA. From my perspective, you need a lawyer. If the amount of money is substantial, then you REALLY need a lawyer. Don't mess around. Now, others here may have a more informed opinion.

[david rigby]

Not familiar with Disney or Fidelity procedures, but it is common to submit a draft DRO to the plan administrator (perhaps that is Fidelity in this case?) to make sure it does not ask the plan to do something the plan cannot do.  This draft has (very likely) not been seen by the court.  It's done by the parties/attorneys.  Then, if necessary, it gets tweaked, sent to the court, then sent to the PA.  Only the PA can determine if a DRO meets the requirments to become a QDRO.

Plus, what Belgarath said.

[jimbo1962]

thanks all

 

[Artie M]

Right, you are going to have to let the other side see it because the parties have to agree to the terms.   All QDROs that we have reviewed have been signed by representatives of both of the parties and the judge (I have not reviewed one that was prepared following the death of one of the parties).  There should be a lot of negotiating to be done between the parties because the true substantive provisions of the QDRO should correspond to the terms of the property settlement, which is the document that would require the real negotiations.