Legal Dynamics, Inc. 424 E. Central Blvd, #405 • Orlando, FL 32801 • Toll Free 800-565-8067
QDROs are Simple to Create with Legal Dynamics.The QDRO process is easy with Legal Dynamics. We make QDROs simple and easy for you through Legal DynamicsQDRO files made simple for your through Legal DyanmicsYou have an advocate for your QDRO with Legal Dynamics.

Initial Consult Free - 1-800-690-6445

QDRO Information

THE QDRO PROCESS | WHAT WE PROVIDE | FAQ ABOUT QDROs


WE PROVIDE TWO SERVICES THAT NO OTHER QDRO SERVICE PROVIDES


QDROs are not impartial documents. Our ERISA experts draft QDROs (and QDRO equivalent orders for City, County, State and Gov't employer plans) which pro-actively and aggressively protect our client's portion of the retirement marital assets and benefits.

First, we offer a separate Court Order to Effectuate Entry of the QDRO to govern the parties and ensure that they take (or refrain from taking) certain action which might result in the loss of benefits, particularly from depletion via loans, distributions, or improper elections causing the loss of benefits in death or upon remarriage. In addition, the order clarifies that the spouse's full (properly calculated) benefits, and earnings thereon, remain the property of the spouse regardless of the employer's administrative policies. It also obligates the participant spouse (and/or their estate) to pay benefits directly to the spouse when an employer's protocol results in benefits reverting to the participant (usually in death or upon remarriage).

The second service we provide is the submission of draft and final QDROs to the plan administrators for processing and transferring benefits. We act as liaison between the plan administrator and our client which results in much quicker processing. As you may know, most employers offer Sample QDROs which they will quickly approve and administer, but we NEVER use an employer's Sample QDRO without modifying it considerably because its detrimental to our clients. Sample QDROs protect only the employer and frequently offload liability. Samples typically contain only the minimum 11 provisions while our QDROs contain no less than 27 provisions for the preservation and protection of your client's benefits, not including the 15 additional protective provisions included in our Court Order for Entry of the QDRO.

Using a Sample QDRO can result in malpractice for practitioners. Even simple 401(k) Sample QDROs commonly provide that the spouse will receive only 50% of the vested benefits (which are often forfeited if either party dies and/or remarries). Our 401(k) QDROs provide that the spouse (beneficiary or estate) will receive 50% of the vested and non_vested benefits plus earnings regardless of whether either party dies or remarries. In addition, we define participant loans as assets of the account and prescribe that the portion of benefits awarded are based on all benefits credited before loans depleted those assets.

Back to top