Skip to main content

Blog

Thoughts and ideas from Anne N. Pastrana PLLC
How to draft a QDRO
December 6, 2022 at 3:30 AM
Image of a desk where someone learns how to draft QDROs.

Drafting a qualified domestic relations order (QDRO) can be intimidating. It’s more than just a legal document––it ensures that funds from one person’s retirement plan are divided following a court ruling or judgment. Getting it right is essential for a successful division of assets and income between two former spouses after the dissolution of their marriage.

This blog breaks down the process into simple steps to give readers an understanding of creating accurate QDROs that meet Michigan guidelines.

What is a QDRO, and what does it do?

A QDRO plays an essential role in distributing retirement benefits in a divorce. A QDRO lays out exactly how and when certain retirement assets are divided between two former spouses.

Qualified domestic relations orders ensure each spouse gets the share of retirement benefits they were entitled to in their divorce settlement.

Depending on the complexity of a case, drawing up an accurate QDRO requires the expertise of a qualified attorney specializing in family law. They require intensive focus on the details, such as:

  • Ensuring names and pension amounts are properly listed and spelled correctly
  • Both parties’ interests are accurately represented and fairly compensated
  • The QDRO is comprehensive in the division of retirement assets

Working with an experienced QDRO specialist is often the fastest and most stress-free way to secure documents according to judgments.

How do attorneys go about drafting a QDRO?

Attorneys begin drafting a QDRO by carefully researching the legal and financial implications of a particular asset division.

Each state has its own laws concerning the division of:

  • Marital assets
  • Retirement accounts
  • Other related funds

To ensure the QDRO draft covers all the necessary aspects, attorneys work closely with their clients and a domestic order specialist.

An understanding of both the financial needs and goals of their clients is essential to draft an effective QDRO that meets or exceeds legal requirements while protecting their clients.

What are the benefits of having a QDRO in place during divorce proceedings?

Having a QDRO in place during divorce proceedings can provide important benefits for separating couples. A QDRO is a legally binding order allowing for an equitable income distribution during and after the divorce process. It also simplifies the post-divorce financial management process by ensuring that each partner receives the funds to which they’re entitled.

Because QDROs are handled at the court level rather than through an intermediary service, they help to eliminate potential problems associated with mismanagement between two separate entities.

Finally, setting up a QDRO during separation can effectively provide low-cost spousal support while maintaining access to important resources after divorce.

When you need to draft a QDRO, trust the order to Anne N. Pastrana’s extensive legal background.

I’ve been a passionate and committed member of Detroit’s legal community since 1990. I initially worked in family law with legal aid before transitioning in 2012 to a QDRO, EDRO, and DRO drafting company. I provide my clients with a balance of expertise and experience that’s hard to find. I’ve built a reputation as a knowledgeable and responsive QDRO expert who brings creative problem-solving to my clients.

Get the documentation you need to secure your client’s retirement from a professional who will get it to you as soon as possible. Get in touch with a virtual attorney if you need to draft a QDRO.

Let's connect
We want to hear from you—reach out anytime.