QDRO PROCESS - FAQ's
What is a QDRO?
- A Qualified Domestic Relations Order (“QDRO”) is required in a divorce case where there is a written agreement to split any employer-sponsored retirement plans that are subject to the federal ERISA law (“Employee Retirement Income and Security Act”). If you are a mediation client, please speak to attorney-mediator about whether your particular plan is subject to a QDRO requirement.
When does the QDRO process begin?
- If clients have a final signed and notarized marital settlement agreement in place, the QDRO process may begin simultaneously with the filing of the divorce petition as per MLFLC's step-by-step instructions.
- It is recommended that clients select MLFLC's consultant, Pension Analysis Consultants, Inc., to prepare their QDRO for the price of $505.00 per each order which includes a Pre-Approval Service for the Order. Generally, each plan being split will require its own QDRO, subject to some exceptions. Some plans allow participants to consolidate multiple plans through the same employer in one QDRO to save costs. Clients may also opt to have their QDRO prepared through another outside source as they are free to choose.
- 4) If clients opt to use PAC, Inc., they understand that PAC is MLFLC's consultant and clients will be working directly with PAC, Inc., and not MLFLC. However, MLFLC is always available to answer any legal questions specific to the client's marital settlement agreement. Please direct all QDRO-related questions and concerns to either Mark Altschuler or Fatimah Beckett at (800) 288-3675, E-mail: pac1@pacpensionandqdro.com.
- 5) MLFLC will initially provide the client with PAC’s "Pro Se QDRO Request Form" which the client must fill out and send directly to PAC, along with a copy of the relevant language in their Martial Settlement Agreement which addresses the split of the retirement plan(s) at issue. Clients may be contacted by PAC, Inc. for additional information it may need in order to draft the appropriate QDRO that meets the approval of the plan administrator.
- 6) Please allow up to 2-3 months for PAC to complete the QDRO. Once the Order is completed and approved by the plan administrator, clients will receive further guidance on how to present it before the assigned judge for their approval and signature.
- 7) Please be advised that MLFLC will not advance the client’s administrative divorce filing to the final stages of application for final divorce decree until the QDRO is completed and signed by the assigned judge in their divorce matter, and a copy of the same is provided to MLFLC.