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qdro steps

How do you get a QDRO in Indiana?

Obtaining a QDRO (Qualified Domestic Relations Order) in Indiana typically follows a specific process, and it is important to work closely with an attorney who specializes in family law to navigate the complexities involved. Here is a general overview of when and how to get a QDRO in Indiana:

1. Determine Eligibility: QDROs are used to divide retirement or pension plan assets as part of a divorce settlement. If either spouse has retirement benefits, such as a 401(k), pension, or an IRA, that need to be divided, a QDRO may be necessary.

2. Legal Counsel: Consult with an attorney who specializes in family law. They will help you draft the QDRO according to Indiana’s specific laws and regulations and ensure it complies with federal ERISA (Employee Retirement Income Security Act) guidelines.

3. Divorce Proceedings: During the divorce proceedings, the QDRO should be discussed and included in the property settlement agreement or judgment. It should specify how the retirement benefits will be divided, such as a percentage or a specific dollar amount.

4. Plan Administrator Contact: Identify the plan administrator or custodian of the retirement account you wish to divide. This information can often be found in the plan documents or by contacting the employer or financial institution.

5. Draft and Submit the QDRO: Work with your attorney to draft the QDRO, which is a separate legal document. This document must meet specific legal requirements and be approved by the court where your divorce is finalized. Once approved by the court, the QDRO is then submitted to the plan administrator for review.

6. Plan Administrator Review: The plan administrator reviews the QDRO to ensure it complies with the plan’s rules and the law. Once approved, they will start making payments to the non-employee spouse as specified in the QDRO.

7. Implementation: The retirement benefits will then be divided as outlined in the QDRO. This may involve creating a separate account for the non-employee spouse or making periodic payments directly to them.

The QDRO process can be quite complex, and it’s crucial to ensure it is done correctly to avoid any legal complications or issues with the plan administrator.   You need to reach out to Treptow Law to let us help you navigate this process effectively. Additionally, working with the plan administrator to understand their specific requirements and procedures is essential for a smooth implementation of the QDRO.