How do I claim my portion of my ex husbands retirement?

Question

I’m entitled to 30% of my ex husbands retirement due to our divorce. How do I go about getting it? The papers said something about contacting Q and three more letters? Not sure how.

David Hutchinson · Answer

You need to have had what is called a QDRO order entered by the Court saying what you are entitled to. If that was done, it should happen. If not, you need to get one entered. Call an attorney.

Melvin Franke · Answer

Have your attorney draw up the necessary papers.

Steven D. Dunnings · Answer

Did your attorney prepare a Qualified Domestic Relations Order (QDRO) to send to the Pension plan?

Frances Headley · Answer

Retirements are divided via a QDRO, which stands for a Qualified Domestic Relations Order.  These must be done to the exact specifications of the Retirement Plan. You should consult a family law attorney familiar with QDRO's to get the proper Order prepared.

Brad Micklin · Answer

You have to have a Qualified Domestic Relations Order prepared.  This is an order, signed by a judge, that gets sent to your husband?s company (or the company that handles his retirement account), that will prompt them to divide the retirement account so as to give you your 30% share.  You must retain a certified public accountant to prepare the Qualified Domestic Relations Order.  There is a fee associated with this of which is usually around $500, but it can sometimes be paid out of the proceeds of the retirement account.  Generally, the parties to the divorce share this cost equally, but you must look at what your divorce agreement says.  Once the CPA prepares the QDRO, you must forward it to the judge for the judge to sign, and then you can forward it to the company.  The company may require you to set up your own account to receive the funds.

Sarah Armstrong · Answer

In order to divide most retirement accounts, the employer or company that services the account will require the parties so submit what is called a Qualified Domestic Relations Order ("QDRO"). The QDRO must be signed by the parties and the judge presiding over your divorce and it instructs the employer or service to distribute the agreed-upon portion of the retirement account (in your case 30%) to the divorcing spouse. Employers and services can be extremely picky about the language included in a QDRO, so when possible you should get their approval on the form of the QDRO before submitting it to the judge.  Please keep in mind that this answer is purely hypothetical and comes from a New Mexico legal perspective. Every case is unique and there is no substitute for seeking the guidance and advice of an experienced attorney.

Robert Merlin · Answer

You need to have a Qualified Domestic Relations Order entered. Contact the Plan Administrator. They may have an approved sample order, but I high recommend that you hire a company that prepares QDROs.

Warren Channell · Answer

QDRO. Qualified Dometic Relations Order. Its a court order to disperse those funds to you. Contact a family law attorney in your area as to how to proceed.

Beverly Wheelihan · Answer

Retirement benefit distribution is handled through a Qualified Domestic Relations Order ("QDRO").  Depending upon where the plan is held these orders can vary.  It is best to contact the plan to to request if they have a form that can be filled out and sent or contact an attorney that has experience in this area.

Glen Edward Ashman · Answer

This is not a do it yourself project.  Retirement plans are divided by a QDRO.  There are lawyers who specialize in these, and even most family lawyers call in a QDRO specialist to draft one.  One missed word can mean that you don't get the money or you pay tax penalties.  You must get a lawyer.  It's not optional.

Amber James · Answer

The term is QDRO.  You will have to have a QDRO drafted and approved by the Court and then sent to the administrator of your Husband's retirement account.  This is not something that you should handle on your own as these can be very complicated.  What does your divorce order say about who is responsible for having this drafted?

Cathy Cook · Answer

You have to present a QDRO to the company.  This QDRO has to be prepared as a separate document in your divorce and signed by both parties and the court.  Then, that is submitted to the company.  Once they accept it, you are guaranteed receiving your share when your ex retires.

Yahima Suarez · Answer

To be able to obtain entitlement to the retirement of your, what seems now ex-husband, you must draft and submit to the retirement company a QDRO, Qualified Domestic Relations Order. This is an Order that a lay person is not recommended to prepare, in fact, many attorneys do not draft these orders. But, one must be prepared and submitted to the retirement company so when you become entitled to the funds, when your husband or ex-husband retires, you can receive your share.  The information above is for informational purposes only and shall not be construed as legal advice.

Anne Howard · Answer

You need to get a QDRO prepared.

Kate Forrest · Answer

What you need is a "QDRO" - Qualified Domestic Relations Order.  You can ask the plan administrator for a sample QDRO, but there are generally options that can drastically affect the way you are compensated, so you should definitely talk to an attorney about it before you submit it to the court.

Theodora B. Fader · Answer

You probably need a Qualified Domestic Relations Order. You should take a copy of your divorce judgment to an attorney to determine how you should proceed to secure your rights to the retirement benefits and do this as soon as possible.

Laurie Peters · Answer

You need to find a lawyer who does QDROs, that is drafts a Qualified Domestic Relations Order.  You can't get it done without one.   You need to join the plan to the case for the court to make orders against the plan. Then you will need the QDRO to order the plan administrator to do what needs to be done.

Barbara Peyton · Answer

You need to have a QDRO (qualified domestic relations order) prepared.  Look online on in the yellow pages for an attorney who specializes in the preparation of this kind of document.

Glenn Tanner · Answer

It's called a "Qualified Domestic Relations Order" or QDRO. Hire an attorney to draft it is the easiest thing to do.

Loren Zahn · Answer

I think you are referring to a Qualified Domestic Relations Order, known as a QDRO for short. I suggest speaking with a specialist who does them and nothing else.

John Kirchner · Answer

You don't provide enough information to answer your question. Depending on what kind of retirement you are dealing with, it may be necessary to have the court enter what is commonly called a QDRO (Qualified Domestic Relations Order) if it is a private retirement plan or another type of qualifying order if it is a government retirement plan.  Because those types of orders can be quite complicated you need to contact an attorney who has expertise and experience in preparing these kinds of order for a judge to sign. Once there is a signed order, it must be sent to the plan administrator for approval according the plan rules.

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How do I claim my portion of my ex husbands retirement?

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