| The Qualified Domestic Relations Order is a typical | | | | practices divorce law should avoid the drafting of |
| mechanism for distribution of retirement plans | | | | QDROs if he or she does not regularly prepare |
| between spouses. Qualified Domestic Relations | | | | them and is not aware of the substantial liabilities |
| Orders are special orders drafted with respect to | | | | for improper drafting, failure to anticipate changes |
| the retirement, pension, annuity, 401k or other | | | | in federal laws, failure to address tax issues, |
| retirement plan vehicle. These orders can, and | | | | failure to account for early retirement issues or |
| generally are, very technical and detailed in nature | | | | for the distribution of the corpus that is the |
| when drafted correctly. | | | | subject of the QDRO based upon the lifetime of |
| Contrary to what some Rhode Island legal | | | | the non-member spouse of the plan or retirement |
| practitioners think, Qualified Domestic Relations | | | | vehicle to be divided. |
| Orders (known as "QDROs") are not for the | | | | After months of experience endeavoring to |
| occasional practitioner, unless of course you want | | | | conquer the legal intricacies of the QDRO in all its |
| the future liability that goes with it. | | | | aspects, I have come to the conclusion that |
| Qualified Domestic Relations Orders are best | | | | many other practitioners before me have already |
| drafted by those who are skilled in the practice of | | | | recommended. The QDRO is a legal animal best |
| drafting such orders. QDROs are typically drafted | | | | left to those skilled in it's preparation. |
| in conjunction with and consistent with the plan | | | | When hiring a Rhode Island Divorce lawyer, ask |
| documents. The "plan documents" are typically | | | | about QDROs and the cost for their preparation. |
| considered those documents that govern the | | | | Typically you can expect that this will be an extra |
| administration of the particular investment or | | | | expense in your divorce case that is paid to |
| retirement plan/vehicle that is to be divided in | | | | another attorney who specializes in the |
| your Rhode Island divorce proceeding. | | | | preparation of QDROs. Clients should anticipate |
| Qualified Domestic Relations Orders are usually | | | | adding another $600 to $800 to their divorce |
| prepared after the trial or nominal proceeding in a | | | | costs if some form of retirement vehicle is to be |
| divorce case and it is recommended that the | | | | divided by a Qualified Domestic Relations Order. |
| average Rhode Island lawyer who even routinely | | | | |