A QDRO is a qualified domestic relations order. It is required under federal law. After you have a signed property settlement agreement, your attorney will send the agreement along with the pension information and the checklist to someone who prepares QDROs. All they do is prepare QDROs, because the nuances of federal law are quite difficult. Your attorney would then review the QDRO prior to it being sent out to the planned administrator where it would be “qualified”. If it meets the planned administrator’s approval, it is sent to the court and the judge signs the order. Then it is sent back to the planned administrator and the pension would subsequently be divided.
Alison C. Leslie, Esq. practices family law exclusively in her Morristown, NJ offices, where she offers her clients the individualized attention of a solo practitioner with the experience of a larger firm. She can be reached at (973) 631-8002. View her website and Divorce Magazine profile.