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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.
The 7 Steps in the QDRO Process Gathering information. ... Drafting your QDRO. ... Approval by the other party. ... Approval by Plan as draft. ... Signature of QDRO by Judge. ... Obtain a certified copy of the QDRO. ... Final acceptance by the plan.
In general, it takes 60 - 90 days after drafting the QDRO to complete the process when all goes smoothly. Once the QDRO is reviewed and then signed by each party, it is first sent to the court for entry into the case file.
The drafted QDRO is submitted to the retirement plan administrator, and once it's accepted and approved by the administrator, it's submitted to the court. Since divorces can be complex, particularly if a couple has many assets, a lawyer may be a good option to help ensure a smooth transfer of assets.
The Plan Administrator?usually the employer?is responsible for determining whether a DRO is a QDRO. Every retirement plan is required to establish written procedures for determining whether DROs are QDROs and for administering distributions under QDROs.