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What is a QDRO and Why is a QDRO Important in a Carlsbad Divorce?

On Behalf of | Jan 24, 2020 | Retirement Asset Division

What is a QDRO and why is a QDRO important in a Carlsbad divorce? A Qualified Domestic Relations Order or QDRO is a legal document which allows the administrator of a retirement plan such as a 401(k) to actually act upon the orders of a judge in a Carlsbad, Oceanside, Encinitas or North County divorce.

Retirement accounts, or at least the portion to which you or your spouse contributed during the course of the marriage, are considered to be community property.  Community property is almost always equally divided between the former spouses in a divorce.  While the judge or magistrate in your divorce case may issue orders concerning the 401(k) or retirement account of you or your spouse, the orders cannot be executed by the plan administrator without a properly crafted and executed Qualified Domestic Relations Order or QDRO.

Each plan has their own version of a QDRO and many will not accept any orders from the court or modifications to the format of their own QDROs. This is why it is important to work with the experienced and proven Carlsbad divorce and family law attorneys at Burke & Domercq, APC.

We work to facilitate an agreement or settlement of all issues within the divorce documentation including the division of community property and retirement assets. We ensure a properly formatted and enforceable QDRO is completed and submitted as part of your divorce when applicable.

If you have questions such as what is a QDRO and why is a QDRO important in a Carlsbad divorce and wish to learn more about how 401(k) and retirement accounts are handled in a North County divorce we invite you to contact Burke & Domercq, APC or call 760-389-3927 to schedule an appointment with one of our lawyers.

Review the recommendations of our clients and the legal industry and know the attorneys at Burke & Domercq, APC are highly skilled, proven attorneys with decades of service in Carlsbad family law courts.