Is it necessary to outline protections of receiving a pension in the decree itself or is this done in the qdro ?
4 attorney answers
The Judgment spells out who gets what. The QDRO is the vehicle that is used to carry out the terms of the Judgment.
I agree with Judy. Your attorney or a specialist can draft the QDRO. It is important to you have it drafted, approved by the plan and entered as soon as possible so that any problems can be fixed right away.
Although it is common that the distribution of a pension is generally set forth within the terms of the Judgment for Dissolution, a QDRO is absolutely necessary to effectuate the disbursement. The pension plan provider requires a properly prepared QDRO which complies with ERISA.
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