Dear ally:

Greetings. Please read this carefully. You MUST reserve the right to your claims for equitable distribution in your divorce complaint and also in the final divorce judgment, or you lose the right to file for equitable distribution. You should also file a claim for equitable distribution immediately, as you will need this claim to enter the QDROs in.

Finally, I have no idea what type of “forms” you are referring to. A QDRO is an order, drafted and then pre-approved by the plan administrator. I would advise you to speak with an attorney prior to filing for divorce. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I am going next week to file divorce papers. Is it a separate process to file QDRO forms? I have model forms completed from my ex-husband’s company, but I’m not clear how to have these “executed” by a judge.