The Process Needed to Create and Process a QDRO

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.