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What is a qualified domestic relations order (QDRO)? A QDRO is a legal order subsequent to a divorce or legal separation that splits and changes ownership of a retirement plan to give the divorced spouse his or her share of the asset.
In theory, you can draft a QDRO at any point, including after your divorce. No formal time limits exist. But the longer you wait, the less likely it is that a judge will agree to split assets.
A certified copy usually may be obtained from the clerk of the state divorce court for a small fee. You must send a certified copy to the plan for final approval, acceptance and payment. In military and civil service cases, additional certified copies and certain other documents will be required.
QDRO Preparation - The fee for preparation of a QDRO (or similar division order under federal law) is $400 per order when prepared for a Texas-licensed attorney. I will not prepare a QDRO for a case from out of state. The majority of QDROs I prepare are for an attorney.
Hear this out loud PauseIf you delay in obtaining a QDRO, you may lose valuable rights and run the risk of forfeiting all of the benefits awarded to you in your divorce. Your rights may be lost if your former spouse does any of the following before your QDRO is submitted to the pension plan and accepted by the plan: Retires. Remarries.