Divorce Lawyer in Weston

Dana Pechersky's Blog

  • Home
  • Home
  • Attorney
  • Family Law
  • Practice Area
  • Resources
  • FAQ
  • Contact Us
  • Location

Do You Need a Qualified Domestic Relations Order?

June 13, 2018 by dana 0 Comments

Pechersky_Do You Need a Qualified Domestic Relations Order[1].jp

What happens to your spouse’s retirement plan after your divorce? Will you still be entitled to split it?

While many people focus on assets like the house, cars, and bank accounts, it’s important not to overlook your long-term future. You may not be able to receive your share of assets, such as savings plans, 401Ks, government pensions, or corporate pensions, with a simple divorce decree. In order to do so, you may also need to execute a Qualified Domestic Relations Order, also known as a QDRO.

What is a QDRO in Florida?

A Qualified Domestic Relations Order from a Florida court or other authority establishes your right to receive payments from your spouse’s retirement account. Without a QDRO, your spouse may receive the entire payout from the retirement plan, and you will have limited options to recover your portion.

Typically, the order is prepared and executed as part of the divorce proceedings, but it can also be a separate decree.

In general, it is best to handle it during the divorce proceedings to ensure you receive the benefits, because if your ex dies before a QDRO is executed, you may lose your portion of the benefit.

A QDRO can include multiple retirement plans but must specify clear details for each plan. To be valid, it has to include:

  • Your name and address
  • Your spouse’s name and address
  • The names of the retirement plans
  • The amount of the payment or the equation to use to determine payment
  • The quantity of payments or the length of time when payments will be made

How much and for how long you will receive payments will depend on:

  • the length of your marriage,
  • the amount of retirement that qualifies as marital property (the money earned during the time you were married),
  • the type of retirement plan,
  • your own contributions, and
  • your financial situation (including debts and liabilities).

Many companies have their own sample QDROs. This can be a great starting point, but it is not a neutral document. You want to ensure the terms are drafted to your advantage, so it’s advisable to work with a Florida divorce lawyer. In particular, you want to ensure taxes and other fees are taken into consideration when the Qualified Domestic Relations Order is drafted.

At the Law Office of Dana Pechersky, we have helped many people avoid costly errors and ensure they receive what they’re entitled to, so they can rest assured that they will have a comfortable retirement.

Categories Divorce

dana

About dana

See all the posts by dana at this link.

Leave a Reply

Be the First to Comment!

Please insert the code above to comment
Manage Subscriptions ∨





 

Recent Posts

  • Take some Time To Think About the Custody Of Your Children And The Careful Consideration Of Leaving The Marital Home
  • Tomarnos Un Tiempo Para Pensar Sobre La Custodia De Tus Hijos Y La Cuidadosa Consideración De Abandonar La Casa Marital
  • Know Your Finances And Your Properties
  • Conoce Tus Finanzas Y Tus Propiedades
  • What you need to understand before filing for divorce? Be sure.

Recent Comments

  • Thomas on How a Broward Divorce Attorney Can Find Hidden Bitcoin Assets
  • Chris Keller on Divorce Settlement Prevents Man from Endorsing Political Candidate
  • How a Broward Divorce Attorney Can Find Hidden Bitcoin Assets on Divorce Lawyer: How to Find Hidden Assets in Your Divorce

Archives

  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • March 2020
  • February 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • October 2018
  • September 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • August 2017
  • August 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • July 2015
  • May 2015

Categories

  • Alimony
  • Divorce
  • Educational
  • Español
  • Marriage
  • Non-Citizens
  • Parenting
  • Uncategorized

Meta

  • Log in
  • Entries RSS
  • Comments RSS
  • WordPress.org

Meta

  • Log in
  • Entries RSS
  • Comments RSS
  • WordPress.org

Recent Posts

  • Take some Time To Think About the Custody Of Your Children And The Careful Consideration Of Leaving The Marital Home
  • Tomarnos Un Tiempo Para Pensar Sobre La Custodia De Tus Hijos Y La Cuidadosa Consideración De Abandonar La Casa Marital
  • Know Your Finances And Your Properties
  • Conoce Tus Finanzas Y Tus Propiedades
  • What you need to understand before filing for divorce? Be sure.

Recent Comments

  • Thomas on How a Broward Divorce Attorney Can Find Hidden Bitcoin Assets
  • Chris Keller on Divorce Settlement Prevents Man from Endorsing Political Candidate
  • How a Broward Divorce Attorney Can Find Hidden Bitcoin Assets on Divorce Lawyer: How to Find Hidden Assets in Your Divorce

Copyright © 2023 ~ Divorce Lawyer in Weston ~ The Funk
Proudly powered by WordPress