I Have A Pension | What Is A QDRO Qualified Domestic Relations Order | Santa Clarita Divorce
Hi! I’m Tim Blankenship, owner of SCV Legal Doc Assist.
Today, we are answering the question of what is a QDRO.
QDRO stands for Qualified Domestic Relations Order. QDRO are the legal instrument which divides up a pension and this is done by a specialized attorney called the QDRO attorney.
They are essentially an actuary who will go through and determine what percentage of the pension as community property belongs to your spouse or your spouse has an interest in.
If you have a pension and this is going to be divided, this is going to be a necessary process that you go through with the QDRO attorney.
As legal document assistants, we do not prepare QDROs. Even if you were to use an attorney to go through your divorce, that attorney most likely, is not a QDRO attorney, it is a specialty and law firms always refer that out to another attorney to prepare the QDRO. And this is how it works essentially, you have the divorce going on on one hand and you have a pension that needs to be divided on the other.
The QDRO is an instrument that will be drafted by the QDRO attorney and will be included with the judgment. It can either go and be filed along with the judgment at the time it’s filed or it can be indicated in the judgment that it will be divided by a QDRO attorney and who that attorney is. And then later when that QDRO is completed, it can then be filed with the court even after the judgment has been submitted. Don’t forget that that QDRO needs to be certified by the court and filed with the pension so they’d know, at the time of distribution, who is getting what.
If you have questions about QDRO or if you would like a referral, I’d be happy to give you the name and number of the attorney we utilize for our clients when they’re going through our affordable divorce process.
I’ll be happy to give you a name and number so you have a referral of a QDRO attorney out here in Santa Clarita.
My name is Tim Blankenship, owner of SCV Legal Doc Assist. We’re a licensed and bonded legal document preparation firm. We specialize in divorce and all of Los Angeles County can reach me direct at 661-281-0266 or on our website at divorce661.com.