I have a signed and notarized separation agreement spelling out custody, child support, distribution of marital property as well as spelling out the distribution of the ex’s 401k.
I have the following documents: Divorce Complaint, Verification, Civil Summons, Affidavit of Service, Divorce Civil Action Cover, Notice of Divorce Hearing and Judgment.
My questions are:
Is there an additional document needed to file with the court regarding the 401k or is it sufficient to have it only in the Separation Agreement?
Does an attorney have to draft the QDRO or is there a sample QDRO that I can use a a guide?
I feel like I’m forgetting something???
The wording in my Separation Agreement regarding the 401k is:
…shall be entitled to 50% of the martial share in the “company plan”. The marital share of the above-named plan/account shall be defined as teh amount in the plan/account thhat accrued between the dates of marriage of the parties, xx/xx/xx and the date of the parties’ separation, xx/xx/xx. At the time of divorce , the parties shall enter a Qualified Domestic Relations Order providing for this division of the above-named plan/account.
You must include a claim for Equitable Distribution in your divorce complaint to preserve jurisdiction for entry of the QDRO.
It is not necessary that an attorney draft the QDRO, however this is a technical legal document which I would strongly suggest you have an attorney draft, or at the very least, review any QDRO you may draft. Every retirement plan is different, and therefore the best place to seek a draft is from the Plan itself.