First there has to be a divorce. Second, it has to be part of the property settlement. If it is, call the trustee for the 401k or the pension. They may have a preferred form for the QDRO. Then get it in proper format for the court. However, if the divorce was granted without any mention of the retirement benefits, it may be too late. Sometimes, the cost of the attorney is less than losing the benefit.
Answered on Mar 03rd, 2014 at 6:23 PM