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Frequently asked questions | Attorney Assistance with Judgment Language
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  • Defendant is awarded 50% of the marital portion of Plaintiff’s _(insert name of Plan) with the marital portion defined as date of marriage through date of divorce

    Or

    Defendant is awarded 50% of the benefit as of (date of divorce/date of division which is 00/00/2022).

    The award (shall be/shall) not be adjusted by gains and losses.

    If there is a loan that exists as of the date of division, that loan shall be (included/excluded) from the amount to be divided.

    If the Plan assesses a review fee, that fee shall be shared equally between the parties, shall be paid solely by the Participant, shall be paid solely by the Alternate Payee.

  • Defendant is awarded 50% of the marital portion of the ________________ Plan.

    The Alternate Payee shall be allowed to commence at the Participant’s earliest eligibility for retirement as long as such commencement does not negatively affect the Participant’s benefit.

    The Alternate Payee shall be awarded a proportionate share of all ancillary benefits (early retirement subsidies, early retirement supplements, post retirement increases) paid by the Plan.

  • (NOTE: THE WHOLE PROCESS CAN TAKE 2 to 6 MONTHS DEPENDING ON THE PLAN.)


    1. Send in payment, forms, and engagement agreement with payment and requested plan material.
    2. The drafted Order will be sent to the attorney(s).
    3. Your attorney will review the QDRO and make sure that it is drafted pursuant to the Judgment of Divorce/Settlement Agreement.
    4. If everyone agrees the Order is drafted correctly, sign the Order and return it to your attorney.
    5. The attorney will file the QDRO with the Court for the Judge to sign.
    6. The Court will send the Court entered Order to your attorney.
    7. Your attorney should then send the Court entered Order to the Plan for formal qualification.
    8. When the Plan receives the Order, they will qualify it or reject it. If the Order is qualified, you should receive notification of qualification of the Order from the Plan. This is the last step in the process.

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