A Qualified Domestic Relations Order (“QDRO” pronounced quadro) is probably the single most important of all documents in a dissolution matter! Under California law, spouses are each entitled to one-half of the community estate. This means that in a dissolution matter, a spouse is entitled to one-half of any asset that was obtained from the date of marriage until the date of separation, including retirement/pension plans/401(k), etc.
This is where the all-important QDRO comes in. If you do not have one, you could be risking an awful lot of money. A divorce decree wherein the court awards you one-half interest in your spouse’s retirement plan(s) does not protect you. Do not rely on your official-looking divorce decree and merely wait for the retirement age to come about to collect your money. Without a QDRO, you could be left with nothing and no recourse against the company.
A QDRO is simply a document that awards you your interest in your spouse’s retirement plan which is prepared by your attorney or some other professional and is ultimately filed with the court and served on the Plan Administrator. No other document will do this, not even a Judgment of Dissolution.
Warning: If you are in a divorce proceeding or know of someone in a divorce proceeding and there may be one or more retirement accounts involved, make sure they are aware of this very serious and important document with a funny name … QDRO.
For more information about annulments and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 23929 West Valencia Boulevard, Suite 404 in Valencia.