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gif Colorado Divorce QDRO by Attorney
Colorado QDRO by an Attorney  
Tax-Free Division of Retirement Plans Video
401(k); 457; 403; Defined Benefit Pensions  

Our Process and Scope of Work to Process a QDRO


Summary:  The following process is used to draft a QDRO, get the Judge's signature, and present it to the plan administrator.


The Process Needed to Create and Process a QDRO (and our Scope of Work)

The following process, in the listed order, works well:

1. We obtain the information needed;

2. We draft the QDRO, with the drafting attorney's name and address listed on it; (to give the court some comfort);

3. We provide a draft to both former spouses for their review;

4. We fax or email a copy to the plan administrator for preliminary approval;

5. We request both former spouses (and their attorneys if they have counsel) to sign the QDRO;

6. One of the former spouses (usually the Alternate Payee, who gets the benefit of the QDRO) sends the signed QDRO to the court for the Judge's signature;

7. After receiving the signed copy back from the court, one of the former spouses obtains a certified copy from the clerk of the court (about $23.00); and

8. One of the former spouses sends a court-certified copy to the plan administrator for final processing.

9. After final processing by the plan administrator, the former spouse who gets the QDRO portion (Alternate Payee) can exercise his or her options (such as remove that portion from the control of the plan administrator).

If one of the spouses will not cooperate to sign the QDRO, a Rule 70 motion can be used to get the Clerk of the Court to sign off for that spouse.

GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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