Find Mediators Near You:

Preparing and Paying for QDROs in Divorce

When an employer offers a 401(k) plan, along with that goes the long list of responsibilities and liability risks.  This duty is often outsourced to a third-party plan administrator.  As part of the division of assets in divorce, 401(k) plans often have to be divided between the spouses and that requires either a QDRO (a Qualified Domestic Relations Order) or, if the plan is not qualified under ERISA, a DRO (a Domestic Relations Order).  The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order.  

Preparing a QDRO or DRO in a divorce adds cost to the divorce process and can be quite expensive if the document is not created from a form provided by the plan administrator.  It’s important to find out during negotiations whether the plan administrator provides a form that that they either require to be used or which they offer for use.  Using the form in most cases makes the process simple and less expensive and can help avoid errors. Some plan administrators charge for reviewing a QDRO or DRO, even if their form is used, so that needs to be researched as well.  Often an account statement will provide the name and phone number of the plan administrator or the employee spouse can ask for a copy of the Summary Plan Description. 

It’s also important to discuss these costs in mediation and spell out in the separation agreement who will be responsible for preparing the order, who will be responsible for submitting the order to the court and the plan administrator, and who will pay for the preparation of the order and the review by the plan administrator.  

As an example, I have several clients whose employer’s 401(k) plan is administered by Fidelity Investments.  Fidelity has created the Fidelity QDRO Center website which provides model QDROs and DROs for its client’s 401(k) type plans, as well as access to a Glossary of Terms, Frequently Asked Questions, and each plan's DRO Approval Guidelines and Procedures (“DRO Guidelines”).   At the time this article was written, for one particular 401(k) plan, Fidelity is charging from $300 to $1800 to review a domestic relations order, depending on whether its form is used.  

 

                        author

Mary Salisbury

Mary Salisbury is a Certified Divorce Financial Analyst, a divorce mediator and divorce financial planner in Wilmington, NC. She is the founder and owner of The Right Divorce Solution, LLC. Ms. Salisbury practiced as a financial advisor and narrowed her niche to divorce when she saw that her clients did… MORE >

Featured Members

ad
View all

Read these next

Category

A Guide for Small Businesses to Resolve Disputes through Mediation

Small businesses are just as likely as large and mid-sized companies to get involved in disputes with suppliers, customers, competing businesses, or own business partners or employees. Taking this into...

By Carmela DeNicola
Category

Mediation in the Criminal Law

The Romanian lawgiver has applied mediation to the field of Criminal Law. Articles 67-70 in the Law 192/2006 comprise special provisions regarding mediation in the criminal cases, thus paying special...

By Zeno Daniel Sustac
Category

Powered by Paradox

In the world of mediation, power is always an issue. Usually the focus is on the power – balanced or otherwise – of the parties. Less often mentioned are the...

By Michael Jacobs
×