I need a QDRO in order to get half of soon to be ex-husbands pension where do I get this document. is it part of the divorce?

Asked about 1 year ago - Floral Park, NY

Does the divorce judge give it to me or do i get it in family court. I have to give it to my soon to be exhusbands job in order for them to put the pension money in my savings account right?

Attorney answers (6)

  1. Ralph Duthely

    Contributor Level 14

    9

    Lawyers agree

    Answered . It sounds like you are handling your divorce Pro Se. That is never a good idea. Consult with an attorney asap. A little money spent up front can avoid a lifetime of regret.

  2. Mary Katherine Brown

    Pro

    Contributor Level 20

    7

    Lawyers agree

    4

    Answered . First, the QDRO isn't what entitles you to "half" of your soon to be ex-husband's pension. Whatever you will be entitled to get, if anything, from your husband's pension is something that is negotiated between your attorneys and or ordered by the court. Once that's been completed, then the QDRO (Qualified Domestic Relations Order) is prepared according to the specific requirements of the pension plan administrator, etc. As the other attorneys have suggested, it is unwise and very time consuming to attempt this yourself, and if it isn't done correctly you may never get the pension benefits/money you are entitled to get.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . QDROs are entered at the conclusion of the divorce. You should have gotten a copy of it at that point in time. Check the court file if one wa executed, signed, entered and filed with your ex's employer. You should also check you judgment and findings of fact if indeed you were granted a QDRO in the first place.

    Good luck.

  4. Dean George Tsourakis

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Do you have an attorney? Your attorney will know how to prepare or have prepared a qdro. I have mine prepared by a specialist. You can look on avvo for family law attorneys in your area and consult with them if you do not have an attorney. These attorneys can steer you in the right direction. Don't attempt to draft one yourself, as they can be very tricky.

  5. Morghan L Richardson

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . It is probably best to consult a lawyer because QDROs are extremely complicated. If you are dead-set on doing this yourself, try websites for Lexington Pension Consultants and Fidelity. Good luck.

  6. Marco Caviglia

    Contributor Level 20

    5

    Lawyers agree

    Answered . The QDRO is separate and apart from the judgment. It is the document necessary for the pension plan administrator to comply with the judgment's determination of how much you are to share in the pension. It is signed by the supreme court judge, but only after it is prepared. The other party may object if it does not comply with the judgment, and typically, it is submitted in draft to the plan administrator for its objections and needed corrections prior to submission to the court.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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