Qdro

North Carolina Divorce Law Divorce and Separation Answers
1

There are no generic QDRO forms available. A QDRO is specific to each retirement plan. If you are going to attempt to do this on your own, you will need to contact the administrator of the retirement plan and request the Summary Plan Description, generally that document contains a sample QDRO, but if it does not, it will contain the instructions on what should be included.

Unless the plan prohibits you from doing so, you may change the beneficiary of your insurance policies at any time, however if you die before the divorce is final and you each have not waived your right to these accounts in the separation agreement, then some of those funds may go to your spouse anyway.

You can designate bank account information in the separation agreement. If you are trying to make changes to the ownership of the account, the bank may have its own documents it requires you to sign.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

Thanks!

3

Are there “generic” forms for QURO? We are working through separation issues and have both agreed that he will keep his IRAs and I will retain my 401K.

We have, in the last 2 weeks, realized it is easier to be fair and to leave this marriage as we have lived it - with separate finances and to distribute assests based on who purchased during the course of the last 11 years. We plan to incorporate this information into the separation agreement, but it is my understanding that we need additional documentation for retirement assets.

Additionally, I was told today by an insurance agent that we each own our insurance policies individually and that we have the right to change the beneficiary at any time without spousal approval. Is this true?

One more question, can we designate bank account information in the separation agreement or do we need additional document(s) for these accounts?

Thank you in advance for your time in providing a
nswers to these questions.

Wendy