QDRO Advice

#1

Legally separated. Papers filed and living in two separate households. Work 401k tells me that they CAN NOT divid assets until they have a QDRO, and that a QDRO can’t happen until we are divorced. But our separation agreements says we should split assets now.

Which is correct?

Is an attorney needed to file a QDRO?

Will a QDRO also be needed for our private investments (stocks, bonds, mutuals and older 401k into an IRA)?

Thanks.

#2

You do not have the have an attorney to do a QDRO, but I highly recommend using one. QDROs are notoriously difficult to draft. QDROs are not needed for anything but retirement accounts.