Is a quadro necessary ? Why can't seperation agreement state my share of pension.

4 views 2 answers
We have the details from the pension plan and states my share. Can't the mediator just put the wording in our agreement like spousal support? What will I benefit from w/ a quadro?

Attorney Answers

2
Diane Mader ·
Dividing a pension is an important and complicated legal task. The correct legal term is QDRO - it means Qualified Domestic Relations Order. You need an expert to draft a correct QDRO and if it is improperly drafted the consequences can be dire. Disclaimer: This is not legal advice and does not create an attorney cient relationship.
0 upvotes
Michael Miller ·
Retirement plans receive special status. They can't be used by employers as collateral for business loans. They can't be used in bankruptcy to pay debtors. They receive special tax treatment. In a sense, the money is locked up. The only way the plan custodian can unlock the money and transfer it from the plan is pursuant to a QDRO. The QDRO is the exception to the rule that allows money to come out of the plan without compromising the special status of the plan. So, the mediator must put the details of what you get into the agreement. However, those details need to be later made part of a QDRO. Your benefit is you get the funds from the plan as provided in your agreement.
0 upvotes