How do I file a QDRO?
I used to work for a fairly major 401(k) provider, and you would not believe the bitterness and anger that surround QDRO’s. People got not just a chunk of current balances, but a percentage of all future contributions, or a percentage of contributions for a period of time, or backdated contribs plus interest. Any sort of financial nightmare you can imagine can be made possible with a well-worded QDRO. Anyway. If things are relatively good between you and the ex, if truly all that’s happening is a straight, day-of-QDRO 20K balance transfer, you can probably draft one yourself. Most 401(k) providers (not the company you work for, the company that runs your 401 – fidelity, vanguard, etc) usually have a boilerplate QDRO form they will accept. If things aren’t so good, or you have reason to believe there may be complications or further demands on your 401(k) later, or anything like that, then you’ll definitely want an attorney to nail down exactly what can and cannot be transferred.
What jurisdiction are you in? (I’m assuming you’re in the US, since you have a 401(k).) Nolo Press publishes a lot of legal self-help books, and they got their start doing divorce materials, so I’d start by going to the public library and seeing if they have a book for your state. Even if they don’t, you might want to see what other states’ books say about QDROs. My guess is that they’ll recommend you get a lawyer’s advice, but I could be wrong. If it turns out you need an attorney, a good place to start is a local bar association. Google for your city or metropolitan area and the phrase “bar association” and see what you get. Many of them have lawyer referral services. Good luck!
