Is it appropriate to use a “Model” QDRO provided by a plan administrator?
It depends. “Model” QDROs are often drafted to best benefit the employee. Therefore, caution should be exercised when using a model. 8. Why is the division of pensions such a complicated matter? When dividing a pension using a QDRO, it is necessary to incorporate the applicable provisions of both state and federal laws which pertain to equitable distribution of pensions. Therefore, a comprehensive knowledge of both state and federal laws as they pertain to equitable distribution of retirement benefits is essential. 9. When should a QDRO be drafted? Immediately. The process of obtaining the appropriate information and drafting of the QDRO should take place early in the divorce process, and occur at the same time the parties negotiate the other terms of their settlement. Since it sometimes takes several weeks to obtain the necessary information, it is important to begin this process early so that the provisions regarding the retirement benefits can be included in the agreement of the par
