The pension plan administrator has a model QDRO. Why not use that?
Some pension plans have a “model” QDRO. But make no mistake, model orders are drafted for the convenience of the plan administrator. Many model orders contain provisions that are inappropriate in any QDRO. Most model orders provide less flexibility and fewer options that the law permits a QDRO to offer. Very few maximize the payment of pre-retirement survivor annuities, for example. They often require the divorcing parties to make decisions about complex matters that neither they nor their divorce attorneys understand. Some plan administrators bully or entice divorce lawyers into using model orders. But no private employer plan administrator can require a court to use its model order.
