Intro Section About McKain Law and Its Offerings

When spouses separate or divorce and divide their assets, one or more retirement plans are usually involved. Retirement benefits often represent a married couple’s largest or second largest asset, and for that reason divorce attorneys and spouses should pay careful attention to their treatment in the divorce.

Although divorces are decided under state law, retirement plans are governed by federal law if those plans are provided by a private employer. That federal law—the Employee Retirement Income Security Act of 1974, or ERISA—requires a special process for dividing retirement benefits. In particular, ERISA requires a Qualified Domestic Relations Order (“QDRO”)—a specific order that must be signed by a court or other agency and then accepted (“qualified”) by the retirement plan in order to be effective, and finalize the division. 

Retirement benefits provided to employees working for the federal or state government, or members of the military, also have special processes that must be followed if division is to be effective. We handle these types of divisions as well.

Who we help wITH OUR QDRO ATTORNEY SERVICES: 

• Ex-spouses that need a QDRO (or similar order) after their divorce is final;

• Family law attorneys handling a divorce who need to understand and negotiate retirement benefits, and ultimately need a QDRO or other order;

• Mediators or collaborative attorneys helping couples through divorce who are not familiar with the technical rules of ERISA or other laws governing retirement benefits; and

• Ex-spouses, parents, or guardians who are owed maintenance or child support and whose ex-spouse has retirement assets in his or her name somewhere in the country.

Attorney Services Offered at McKain Law

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Key points: 

• Ex-spouses that need a QDRO (or similar order) after their divorce is final;

• Family law attorneys handling a divorce who need to understand and negotiate retirement benefits, and ultimately need a QDRO or other order;

• Mediators or collaborative attorneys helping couples through divorce who are not familiar with the technical rules of ERISA or other laws governing retirement benefits; and

• Ex-spouses, parents, or guardians who are owed maintenance or child support and whose ex-spouse has retirement assets in his or her name somewhere in the country.