My ex and I have come to agreement on division of assets. We intend for me to give her her $X from my 401k. I have the template language from my 401k administrator and have filled it out. Is there any need to use one of the $350 qdro preparation attornies to prepare the QDRO? My 401k administrator says to file a draft with them before the court so they can approve it. And I assume if a judge has an issue they will say so. So, it seems that if I made a mistake in preparing the QDRO it will be noticed by someone before its finalized.

Is it ok to prepare this document myself for a pretty straightforward split of the account?

You can prepare the QDRO yourself with the model QDRO that was provided by your 401(k) administrator. It is very important to have the plan administrator review and approve the QDRO first. Once approved, then it can be submitted to a judge for signature and filing.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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