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Unless otherwise agreed, the qualifying beneficiary spouse is usually responsible for filing the QDRO. The participating spouse typically does not file.
The time it takes to receive funds from a QDRO (qualified domestic relations order) can vary widely based on several factors. You can typically expect the entire process to take between six and eight months, but it can be as fast as two months or take as long as two years or more.
In a perfect world, you would file a QDRO, or qualified domestic relations order, as soon as you and your former partner agree on the basics of your divorce proceedings and settlement. There's no limit on how long after the divorce you can file a QDRO, but timeliness is ideal.
If a QDRO is not filed, the former spouse may not be entitled to any portion of the retirement asset. This means you could miss out on your share of the retirement funds. In fact, if any of the following occur before a QDRO is filed, you risk forfeiting all of your benefits: Your spouse retires.
California QDRO Process Step by Step Step 1 ? Gather Information. ... Step 2 ? Draft the QDRO. ... Step 3 ? Obtain Spousal Approval. ... Step 4 ? Obtain Plan Administrator Approval. ... Step 5 ? Have All Parties Sign the QDRO. ... Step 6 ? Obtain Judge Approval. ... Step 7 ? Send a Certified Copy to the Plan Administrator.