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QDRO Before Finalizing Divorce

QDRO Before Finalizing Divorce

A vast majority of divorces are between couples over the age of fifty – a time when spouses may have significant retirement savings set aside in one or both spouses’ 401k or pension plans.

401k retirement or pension assets accumulated during the marriage can be divided in the divorce using a Qualified Domestic Relations Order or QDRO. A QDRO will instruct the plan administrator on how to pay the non-employee spouse’s share of the benefits and should be completed before the divorce is finalized.

Quick Look at the QDRO Process

One obvious advantage of having a QDRO completed and approved by the plan administrator before a divorce is finalized is to rule out any conflict between what the QDRO requires and what the plan is able to do. For example, if a QDRO states that an immediate lump sum amount is to be paid to the non-employee spouse – money he or she may be counting on to pay legal fees and get a fresh start – and the plan is prohibited from lump sum payments, the spouse may be in a pickle. However, if the divorce is not finalized, he or she can request equivalent property – cash, stocks, or other – to make up for the anticipated lump sum before the divorce is finalized.

Keep in mind that many pension plans do not pay a lump sum amount, but will instead pay a non-employee spouse on a monthly basis starting at retirement age which could be years in the future. Also consider that in the event of an ex-spouse’s death after the divorce is finalized, but before a QDRO is officially approved, can result in a change to the available benefits. Because there can be some unknowns, it is important to work with an experienced attorney well-versed on QDRO’s to avoid any missteps.

When you are considering divorce and have questions regarding how retirement funds are divided, or the QDRO process specifically, contact the Libertyville, Illinois family law offices of Ronald L Bell & Associates P.C. for answers at 847-495-6000.

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