QDRO and other Retirement Plan Services

Preparation – $850

Most retirement plans require court orders to divide them. These orders are often referred to as Qualified Domestic Relations Orders, commonly called QDROs (pronounced “quad-dro).

Nevada Government employees often pay into a pension retirement program (PERS). PERS requires a QDRO in order to divide the benefit. The QDRO is a court order that directs the benefit provider how to divide the benefit based on the circumstances of the parties. Nevada law applies the time rule when dividing retirement benefits. This means the court uses a calculation where they divide the number of years earned during the marriage by the number of total years earned to determine the community property share.

For the benefit provider to pay the former spouse directly, a QDRO must be done and must be submitted to the provider.

For the benefit provider to pay the former spouse directly, a QDRO must be done and must be submitted to the provider.

QDROs can be malpractice traps for attorneys. A Divorce Decree is ineffective to assert a right to benefits. You must do a QDRO. If you fail to advise your client of this and something happens, such as the other party dying, your client would likely be shut out of their benefit. It is best to do QDROs in conjunction with the Divorce Decree, or in worst case, immediately thereafter.

Other retirement accounts (IRA, 401(k), 403(b), etc.) require a court order.

Family Law Solutions can alleviate this risk by preparing the QDRO or retirement division order.