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Fishers QDRO Attorneys

Assisting Fishers Residents

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.

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 benefit 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 Fishers family law attorneys at Massillamany Jeter & Carson are highly experienced in drafting, setting up, and filing these documents.

Let our attorneys help guide you through this difficult process and call (317) 434-1490 or visit us online for a free consultation.

What Information Is Required for a QDRO?

A valid QDRO must provide the following information:

  • The name and address for the retirement fund’s participant and each alternate payee;
  • The name of each plan or fund 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 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.
If you need help with a QDRO, contact us online or call us at (317) 434-1490 to schedule an appointment with one of our Fishers QDRO lawyers today.

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