Qualified Domestic Relations Order (QDRO)

To properly divide employer-sponsored pensions or retirement plans in a divorce, your attorney must draft a Qualified Domestic Relations Order (QDRO). These orders must be approved by your ex-spouse or his or her attorney and, most importantly, they must be "qualified" by the administrator for the retirement plan. Even if your order is signed by a judge, you do not have a QDRO if the plan has not deemed it qualified. The entire process is extremely important, and if not timely done, a divorced spouse may permanently lose his or her marital share of hard-earned retirement benefits.

Our firm can act as a neutral party in your divorce and help you or your ex-spouse draft a QDRO. If your divorce is or was adversarial, McKain Law PLLC may advocate for one spouse to receive his or her rightful share of benefits. We also often work with family law attorneys to help them understand retirement division rules and draft their QDROs. QDROs may be used to collect back-owed alimony and child support, as well. In addition, your children's health benefits may be secured during divorce under ERISA through a Qualified Medical Child Support Order (QMCSO).