QDRO: How does it work?

Posted by William H. Sherman on Mar 25, 2015 | 0 Comments

Question:   My husband and I are getting a divorce.  He has worked for the Coca-Cola Company for years and has a pension so I have questions regarding a QDRO. 

He has worked for Coke for over 40 years.  Now that we're finally getting divorced I need to know something about how a QDRO works and maybe hire you to do the QDRO form for me.

We're getting divorced because my husband is seeing another woman.  He met her on a business trip and now she's moved to Roswell, GA.  I didn't suspect anything until I saw that he was getting a lot of text messages and I looked and I saw some pictures of her.  I can't believe that she actually moved here from Macon to be closer to him.

Anyway, since I have been not had a job in decades I'm relying financially on getting a part of that pension and I understand that to do that I'll need a QDRO.

Basically, I want to know if pensions are split 50/50, where he keeps half and I get half, or can they be split in other ways?  I need to know the QDRO rules because my friend told me that they are very complicated and I need an attorney who really knows how they work.

B.J. in Roswell

Answer:   A qualified domestic relations order (the QDRO) is used to divide a financial interest in a retirement plan.  A QDRO does not have to apportion the monies equally. 

The parties can negotiate how a retirement plan should be divided.  Sometimes they are split equally (50/50), other times they are split in different ways (for example 60/40, 70/30, 80/20, etc.).  They can be subject to negotiation.

And sometimes they are not split based upon a percentage basis.  For example, a party may simply ask for a sum of money.  So instead of doing a split of the pension but percentages, a party would get a specified amount (for example $25,000 or $75,000).

We have handled many QDRO matters, including for professional athletes' pensions, and each QDRO is different.  It is vital that a lawyer look at all the surrounding circumstances of the case to ensure that the QDRO is done properly.

About Us

Need to get answers from a Roswell QDRO lawyer?  We're here to help you 24/7.  Call us now at 678-215-4106. 

Take advantage of our lengthy and valuable experience as custody lawyer, including serving as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney. 

We will answer any questions you have and help you navigate through the entire QDRO process.  We handle cases throughout the Atlanta metro area and North Georgia.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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