Typically, you should submit a QDRO with your judgment of divorce. Some judges are requiring that now; they didn’t use to. You can submit a QDRO later. However, you don’t want to run into the problem where you forget to submit it, and all of a sudden 5, 10, 15, 20 or more years go by. If something happens to your ex-spouse, and you haven’t submitted a QDRO, you’re not going to get the funds. You want to make sure that you do it as soon as possible, preferably when the judgment of divorce is forwarded to the judge.
Attorney Ashley Mahserjian is experienced in family law and can help you achieve your legal goals. Check out her superb client reviews on Avvo.
When couples divorce, the assets they’ve reserved for retirement can be divided proportionally without tax liability under ERISA, the federal statute that regulates retirement benefits. Whether your retirement plan is a defined contribution or a defined benefit plan, you will need a qualified domestic relations order (QDRO) signed by a judge and accepted by the plan to effect a division of the marital portion of the fund. The divorce attorneys at Jean M. Mahserjian, Esq., P.C. have vast experience obtaining QDROs and interfacing with plan administrators to secure a division of the funds.
Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, and an online uncontested divorce service.
Our family law services cover every aspect of divorce at every stage, from contemplation to litigation, from settlement to modifications of orders. Jean M. Mahserjian, Esq., P.C. maintains low effective hourly rates for all of our legal services.