When you and your former spouse divorced, the judge considered and divided all your assets – including your retirement and pension plans. If a judge ordered you or your former spouse’s pension plan to be divided, you need to learn about the Qualified Domestic Relations Order (QDRO). Here’s what you need to know about the QDRO and how it will come into play in your divorce.
What Is the QDRO?
The QDRO is an order that divides a retirement or pension plan between the two former spouses. This order must be in effect before the company will authorize the division of the account and acknowledge that the account has two recipients.
How Do You Get a QDRO in Texas?
When you are in the property settlement phase of your divorce, the judge will consider the retirement plans. If the judge decided the plan should be divided, he or she will issue an order based on the domestic relations law of Texas. This covers the DRO portion of a QDRO.
In order to get your domestic relations order qualified, the order has to meet all of the requirements of the Employee Retirement Income Security Act of 1974 (ERISA) to be qualified by the plan administrator. Any mistakes made on the order could result in a delayed qualification and, therefore, delayed division of the account.
Is It Hard to Get a QDRO?
Getting a QDRO can be a little complex. Not all retirement plans are run the same way, so that makes this process a little tricky. Because of the differences among retirement plans, there is no standard QDRO form. Each employer may handle things differently.
How Long Does It Take to Get a QDRO?
Getting a QDRO can take a while. In some cases, it can take up to a year. For example, a mistake in an order could result in denial from the plan administrator. Then, there would have to be revisions, resubmission, and another round of the qualification process.
Get Help for your QDRO
If your divorce is going to involve the division of a retirement account, you want qualified professionals to help you through this process. At Alsandor Law Firm, our family law experts can help ensure everything is done correctly to prevent delay in your account division and help bring closure to your divorce. Find out what we can do for you. Give us a call today at (713) 600-1236, or you can contact us online.