Most attorneys hire a firm to complete the QDRO. These firms usually know exactly what the requirements of every pension plan. In general, once the QDRO is completed by the actuarial firm, it is sent to the firm to approve the format. If the firm approves, then the QDRO is submitted to the court for signature and returned to the employer for action.
I don;t know what difficulties your attorney has encourtered. Ask him?
I agree with Cassandra. There are specific requirements under ERISA for how the QDRO is to be worded for it to be accepted by the plan administrator of the retirement plan who makes the ultimate determination of whether a domestic relations order is to be qualified under ERISA and the specific terms of the retirement plan as a Qualified Domestic Relations Order (QDRO). It is not something that you should take lightly. The first thing to be done is to have the plan administrator look over the draft, proposed QDRO to see if it looks good to him or her. If so, it then is submitted to a judge to sign and certify as authentic. The certified copy of the proposed QDRO then get sent formally to the retirement plan administrator to review to qualify as a QDRO. Find out where in this process things stand and then set a deadline with your attorney for completion of the next step to move it toward finalization.