Dividing Retirement Assets with
Care and Compliance
Qualified Domestic Relations Orders (QDROs)


Secure Your Future by Dividing Retirement Assets Properly
A Qualified Domestic Relations Order (QDRO) ensures that retirement assets like pensions and 401(k)s are divided correctly during a divorce. We make sure your QDRO complies with New York State laws and meets plan administrator requirements—so you can move forward with financial peace of mind.
What is QDRO?
A Qualified Domestic Relations Order (QDRO) is a court order that allows the division of qualified retirement plans, such as 401(k)s, pensions, and other employer-sponsored plans, between divorcing spouses. Without a properly executed QDRO, these assets cannot be legally divided—even if the divorce agreement includes a division of retirement benefits.
A QDRO ensures that:
- The division of retirement assets complies with federal and state laws.
- Plan administrators have the legal authority to transfer funds to the receiving spouse.
- Both parties’ financial interests are protected in the long term.
How the Process Works
- Free Initial Consultation
- We begin by understanding your specific situation and reviewing the details of your divorce agreement to determine what retirement plans need to be divided.
- Drafting the QDRO
- Our team drafts a custom QDRO that meets the requirements of the retirement plan’s administrator while complying with New York State separation laws and federal guidelines.
- Court Approval & Submission
- After the QDRO is drafted, we submit it to the court for approval. Once approved, it is sent to the plan administrator for processing and division of the retirement funds.
Our attention to detail ensures that your retirement assets are handled properly—giving you confidence that your financial future is secure.
Benefits of QDROS
A Qualified Domestic Relations Order (QDRO) protects both parties by ensuring that retirement assets are divided fairly and in accordance with the law and your settlement agreement. Without a valid QDRO, retirement plans may not recognize your divorce settlement, potentially delaying or preventing the transfer of funds. Properly executed QDROs safeguard your financial future by ensuring compliance with plan guidelines, minimizing costly errors, and preventing future legal disputes. By working with an experienced QDRO attorney, you gain peace of mind knowing that your retirement assets are secure and properly accounted for after divorce.
Frequently Asked Questions
What types of retirement plans require a QDRO?
A QDRO is required to divide qualified retirement plans such as 401(k)s, pensions, and other employer-sponsored plans. IRAs generally do not require a QDRO, but different procedures may apply.
Why is a QDRO necessary if the divorce agreement already divides assets?
Even if your divorce agreement outlines asset division, a QDRO is required to give the plan administrator the authority to distribute the funds. Without a QDRO, the retirement plan cannot process the transfer.
Who prepares the QDRO?
We prepare and submit the QDRO to ensure it complies with federal law, New York State guidelines, and the retirement plan’s unique requirements.
How long does it take to finalize a QDRO?
The timeline depends on the court’s processing speed and the plan administrator’s review period. On average, the process can take several months from start to completion.