Qualified Domestic Relations Order Explained By a Rockville QDROs Lawyer
Upon divorce, a Maryland family court may order you to split and divide ownership of a pension or retirement plan with your former spouse or other dependent. These Qualified Domestic Relations Orders (QDRO) essentially give partial ownership of your retirement plan to another person. A Rockville QDROs lawyer can explain to you that QDROs may be drafted in a variety of ways. An attorney can help advocate for your rights, ensuring that you get your fair share and that the QDRO is drafted timely and competently.
How QDROs Divide Your Retirement Plan
A Rockville QDROs attorney can walk you through the process of how a QDRO is filed and implemented. Generally, a family court will enter the QDRO. The administrator of the retirement plan will then review the order and determine if it is in compliance with ERISA (the Employee Retirement Income Security Act of 1974).
In determining how the retirement plan is split between the parties, the family court will consider a variety of factors specific to your circumstances. A key factor may be whether you entered into the retirement plan after marriage. The length of the marriage is also considered.
QDROs Application to ERISA Governed Plans
QDROs only apply to retirement and pension plans that are governed by the Employee Retirement Income Security Act (ERISA). This is the federal law that governs private pension programs.
Other types of orders apply to other types of retirement plans such as federal, state, and municipal retirement plans. The laws and processes that govern these plans may be similar to QDROs; however, there may be key differences. To learn more about these plans, you will want to talk to a Rockville QDROs attorney.
Contact a Rockville QDROs Lawyer
If you have a question about a QDRO and its impact on your retirement plan, you will want to talk to an experienced attorney. Similarly, if you have questions about a non-ERISA plan, you should also consult with an attorney to learn your rights. Schedule a consultation with a lawyer at H&H LawWorks, LLC by calling (240) 403-2693.