- PENSION PLAN IN PAY STATUS
A pension plan in "pay" status is one in which the participant spouse has already retired and is receiving benefits.
- PENSION PLAN NOT IN PAY STATUS
This form is used in situations where the Participant has not yet retired, and there have not yet been any pension payments (most situations).
- 401(k) PLAN
Distributing a Section 401K plan is straightforward: A Qualified Domestic Relations Order (QDRO) allows you to split up a 401(k) account without paying the early withdrawal penalty. After filling out the QDRO form, you submit it to the plan administrator for approval. They will either open a separate account or pay out a lump sum distribution in the amount dictated by the court, depending on your instructions.
- PROFIT SHARING PLAN
Our QDRO forms for profit sharing plans are easy to use, and include optional language for situations in which employers make contributions after the close of the plan's year.
- SAVINGS PLAN
A savings plan is a retirement plan whereby the employer, employee or both make contributions into an individual account established on behalf of the employee.
Glossary of Terms That You May Encounter In Connection With Qualified Domestic Relations Orders
Distribution of Pension Benefits and Other Forms of Retirement Benefits in Divorce under Illinois Law
Under Illinois law, pension benefits earned during the course of the marriage are considered marital property despite the fact...
Pennsylvania Laws, Decisions and Procedures Relating to Qualified Domestic Relations Orders
QDRO is a limited exception to the pension plan anti-alienation provisions of the Employee Retirement Income Security...
Qdro's Under Indiana Law
In Hogle v. Hogle, 732 N.E.2d 1278 (2000), the Indiana Court of Appeals affirmed a trial court decision entering a QDRO...
Massachusetts Decisions and Statutes Relating To Qualified Domestic Relations Orders
Silverman v. Spiro, 438 Mass. 715 (2003): Massachusetts Supreme Court upholds trial court decision, which: (a) awarded attorn...
Qdro's In New York As Security To Enforce Support Obligations
Typically, QDRO's are viewed as mechanisms to effectuate the distribution of retirement assets, such as 401(k)'s and pensions...
Qdro's For Marital Pension Benefits That Are Already in "Pay" Status
The Courts in New York have held that marital pension benefits do not lose their status as marital property merely because the plan participant...
Distribution and Valuation Of Retirement Assets Under Florida Law
Arnold v. Arnold, 967 So.2d 392 (2007): "For purposes of equitable distribution, each spouse has an interest in all retirement...
Summary of Ohio Case Law Relating to Qdro's and Distribution of Retirement Benefits
RETIREMENT BENEFITS ACQUIRED DURING THE MARRIAGE CONSTITUTE MARITAL ASSETS; COURT MAY MODIFY QDRO AFTER ENTRY OF DIVORCE DECREE...
Distribution of Pension and Retirement Benefits in North Carolina Pursuant To Chapter 50 of the North Carolina General Statutes
Pursuant to Chapter 50 of the North Carolina General Statutes, a pension or other retirement plan may be distributed as: (a) a lump...
Qualified Domestic Relations Orders (QDROs) Under Connecticut Law: Summary of Reported Decisions
Summary of Factual Background: The parties' separation agreement, which had provided for the order as a means of dividing and equalizing various retirement accounts...
Selected New Jersey Appellate Division Decisions Relating To Qualified Domestic Relations Orders
In Marx, the Appellate Division held that pensions "clearly subject to equitable distribution under New Jersey law." With respect to the method by which...
Attorney Ruled Guilty Of Neglect For Delay In Preparing QDRO After Entry Of Divorce Judgment
Many attorneys are tempted to procrastinate in preparing a proposed QDRO after a divorce judgment is entered. The risk of such delay is demonstrated by the decision...
The Interrelationship between Pension Payments and Maintenance under Wisconsin Law
When the present value of a pension is not included in the marital estate for property division purposes, then the pension payments...
Calculating the Community Portion of a Defined Benefit Plan (Pension) In Texas Divorce Cases
As a result of the decision by the Texas Supreme Court in Berry v. Berry, 647 S.W.2d 422, an alternate payee (non-participant spouse) often receives a significantly smaller portion...,
Summary of Utah Law Relating to Qualified Domestic Relations Orders (QDRO's)
In general, retirement assets which were acquired during a marriage constitute marital property that are divided between the spouses when a marriage ends in divorce. The most common retirement...,
Delaware Law Regarding The Equitable Distribution Of Pensions And Other Retirement Plans In Divorce
Delaware law provides that " 'marital property' means all property acquired by either party subsequent to the marriage *182 except ... [p]roperty excluded by valid agreement of the...,
Distribution of Pensions in Divorce Under Virginia Law
Non-Titled Spouse is Entitled to Percentage Award:
In Virginia (as in most states) a pension is distributed in divorce though a percentage award of the benefits. This helps avoid the expensive and burdensome process of requiring a calculation of the pension's present value...,
Colorado Court of Appeals: Husband's Failure to Provide Full Disclosure Regarding Pre-Marital Portion of Pension Justifies Reopening Divorce Proceeding
The decision issued by the Colorado Court of Appeals in the case of Schelp v. Schelp provides a vivid example of how dangerous it is for a party to conceal or understate the value of their retirement assets...,
Why You Must Have A Qualified Domestic Relations Order to Divide a Pension, 401(k), 403(b) or Other Retirement Account in a Divorce
Retirement funds added by either spouse during your marriage are presumptively considered marital property, which is valued and divided if you get divorced. If you or your spouse entered into your marriage with...,