I have recently drafted a QDRO requesting funds from my soon to be-ex’s retirement account be disbursed to me as per our separation agreement. I have submitted a copy to the retirement plan for pre-approval. The plan’s attorney saw no reason why the order would not be executed. The next step is getting the order signed by a judge and submitting a certified copy to the plan administrator. My question is how do I get the order signed by the judge? I will be filing for divorce next month (divorce only, no ED since that was all addressed in our separation agreement) and wasn’t sure if I could include the QDRO in that hearing or if it needed to be a separate hearing. Thank you for your input.
You need to include a claim for Equitable Distribution of retirement benefits in your divorce complaint and then submit the QDRO to the judge to sign.
Do you know where I might be able to find a sample divorce complaint with ED wording? Should it be specific to the QDRO?
Also, do I submit a copy of the SA and QDRO when I initially file or bring those items to the hearing?
We have sample Complaints available as part of our DIY service. You may submit a copy of the SA as an exhibit to your Complaint.