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Fishers QDRO Lawyers

Assisting Clients Through The QDRO Process in Hamilton County

Going through a divorce is a very difficult time in a person’s life. Splitting the marital estate can also be a stressful process. When a couple goes through a divorce, one issue that arises is the division of the marital estate and how to properly divide it, including any retirement and pension accounts in either party’s name.

What is a QDRO?

A Qualified Domestic Relations Order, also known as a QDRO, is a document that allows parties to transfer funds from one spouse’s retirement fund to the other. The IRS uses a QDRO to make a non-taxable, penalty-free transfer of funds. A QDRO applies only to employee benefits or pension plans authorized under the Employee Retirement Income Security Act (ERISA).

Drafting and filing a QDRO document is a complex and lengthy process, as plan administrators for retirement funds often require that the QDRO contain specific language. Our team of Fisher's family law attorneys at Massillamany Jeter & Carson LLP are highly experienced in drafting, setting up, and filing these documents.

Are you looking for legal guidance through the QDRO process in Indiana? Call Massillamany Jeter & Carson LLP today at (317) 434-1490 or contact us online to schedule a free consultation with our Fishers QDRO attorneys.

What Information Is Required for a QDRO?

A valid QDRO must provide the following information:

  • The name and address of the retirement fund’s participant and each alternate payee;
  • The name of each plan or fund is subject to the order;
  • The amount or percentage of the benefit requested by the alternate payee; and
  • The number of payments or range of dates is subject to the order.

However, the QDRO must not include the following provisions:

  • An order to provide an alternate payee or participant with a type of benefit that isn’t otherwise provided under the plan;
  • An order for increased benefits;
  • An order to pay benefits from another alternate payee’s benefits ordered under a previous QDRO; or
  • An order for benefits through qualified joint and survivor annuities based on the lives of the alternate payee and their subsequent spouse.

Contact Our QDRO Attorneys in Fishers Today

At Massillamany Jeter & Carson LLP, our team is committed to helping our clients navigate the complexities of QDROs and related legal matters. Whether you are looking to draft, set up, and file QDRO documents, we are here to help. Our QDRO attorneys in Fishers are available to discuss your case and deliver you the guidance and representation you need throughout the process.

Contact Massillamany Jeter & Carson LLP today to get started with our Fishers QDRO lawyers.

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