Dividing Retirement Benefits in a Divorce

The following is required to start the process when dividing retirement accounts in a divorce with a domestic relations order:

• A complete copy of the Property/Marital Settlement Agreement or Judgement of Divorce and the Findings of Facts

• Personal and contact information for both parties

                       Identify recent name changes (if any) 

                       Social security numbers

                       Mailing address 

                       Dates of birth

                       Email address 

                       Date of marriage and date of divorce

• A current copy of account statement(s) for each plan to be divided that identifies the legal name of the plan and/or full account number of an individual account

• Payment for QDRO services is required in advance and in full before drafting can begin 

Upon receipt of the information above the Order(s) will be drafted & facilitated as follows:

• A PROPOSED Order will be drafted and provided to you for review and pre-approval within 10 business days. At this time a PROPOSED Order will also be provided directly to Plan Administrators for review and pre-approval.

• The Divorce Logic LLC QDRO team will communicate directly with Plan Administrator during the preapproval process and make any adjustments required of the plan and that is necessary to divide the account pursuant to the intent of the Decree.

• The Divorce Logic LLC QDRO team will perform routine follow-ups with both Plan Administrators and each party to ensure the process continues to move forward in a timely manner. The general timeline for Plan pre-approval is between 15-60 days.

• Upon receipt of pre-approval from Plan Administrators, FINAL Order(s) will be prepared and provided to each party along with detailed filing instructions. It is your responsibility to file the Order(s) with the Honorable Judge and obtain a certified copy from the clerk of courts. Please return the original signed and certified QDRO to Divorce Logic LLC via US Mail. Divorce Logic LLC will serve the Order on plan administrators via certified mail with tracking.

• Once served, your QDRO/DRO engagement with Divorce Logic LLC is complete. Plan Administrators are now required to communicate with the parties directly going forward. Both parties will receive written confirmation the QDRO is qualified and benefits have been divided. The Alternate Payee will receive separate instructions on how to access the awarded benefit(s).