THE QDRO PROCESS

NOTE:  The role of The QDRO Company is to draft the (Q)DRO. The QDRO Company is not the Plan Administrator and does not approve the (Q)DRO or distribute funds or benefits.  The QDRO Company does not know the status of the Plan Administrator's review unless/until The QDRO Company receives communication directly from the Plan Administrator or a copy of the Plan Administrator's communication regarding the status.  

If you are an Alternate Payee or Participant wanting to know the status of a Plan Administrator's review of a (Q)DRO in your case, you must contact the Plan Administrator directly.

STEP 1 - Information Gathering

Submit the appropriate Intake Form(s) along with:

  • a copy of the divorce judgment or separation agreement (or both) so we know what share is going to each party,

  • a recent plan statement and,

  • if available a copy of the Summary Plan Description and QDRO Procedures.

We'll reach out to the Plan Administrator for QDRO Procedures and the Plan's Summary Plan Description if you don't have these to provide to us.

Step 2 - Drafting the (Q)DRO

Once we have all the data we need, we will draft your Q()DRO. We make every effort to accomplish this step within 10-14 business days of receipt of all requested information and our fee.

Step 3 - Review the DRAFT (Q)DRO 

You and your attorney (if applicable) review the DRAFT (Q)DRO we send to you. If there are changes to be made, we will make the changes and forward a revised draft.

We will forward the DRAFT (Q)DRO to the Plan Administrator for conditional pre-approval if the Plan allows and it is requested.

The proposed (Q)DRO is always ready to be signed and entered with the applicable Court if waiting for the Plan's conditional pre-approval isn't ideal.

NOTE: Once the Proposed (Q)DRO is acceptable to the parties/attorneys, we are no longer part of the Process unless otherwise retained.

Step 4 - Parties Sign the (QDRO)

We will assist with obtaining electronic signatures when requested.

Step 5 - The Judge Signs the (Q)DRO

Once the QDRO has been approved in draft form, it is presented to the applicable Court for signature by a Judge. This step may be done by the party (or parties) and/or the attorney(s), or by us (if retained in advance to assist with this step).

Step 6 - Obtain a copy of the Judge-Signed (Q)DRO & Send it to the Plan

After the judge signs the (Q)DRO, obtain a copy of the QDRO from the Court.   A copy is sent to the Plan Administrator for final approval, acceptance, and implementation.  Typically the Alternate Payee or the Alternate Payee's attorney sends the signed (Q)DRO to the Plan.  (We will provide instructions for where to send the (Q)DRO in our (Q)DRO Packet.)

Step 7 - Wait for Final Approval by the Plan

Send the JUDGE-SIGNED (Q)DRO to the Plan for review and acceptance.

 

The Plan WILL NOT segregate an account or pay out any benefits to an Alternate Payee until they have a court-entered/judge-signed (Q)DRO that has then been approved by the Plan.  UNTIL THIS HAPPENS, THE ALTERNATE PAYEE'S BENEFITS ARE NOT SECURED.

NOTE:  The role of The QDRO Company is to draft the (Q)DRO. The QDRO Company is not the Plan Administrator and does not approve the (Q)DRO or distribute funds or benefits.  The QDRO Company does not know the status of the Plan Administrator's review unless/until The QDRO Company receives communication directly from the Plan Administrator or a copy of the Plan Administrator's communication regarding the status.  

If you are an Alternate Payee or Participant wanting to know the status of a Plan Administrator's review of a (Q)DRO in your case, you must contact the Plan Administrator directly.

The QDRO Company, LLC does not provide individual legal, financial or tax advice.