The entire QDRO process usually takes anywhere from two to four months. The typical QDRO preparation process involves first a collection of the necessary information. A certified copy of the divorce documents must be obtained, so that the division of retirement benefits can be interpreted. The retirement plan must also be studied, as each plan is different in terms of what that plan’s administrator will or will not accept in a QDRO. A QDRO must then be drafted to reflect the intent of the parties as written in their divorce documents while also meeting the necessary federal and state requirements.
The QDRO must be signed by the attorneys of record, and filed in the appropriate state court venue where the parties’ divorce proceedings were held. After the QDRO is signed by the state court judge, it must then be reviewed for federal ERISA compliance with the plan’s administrator before it is implemented. A QDRO not meeting the statutory requirements or the plan rules will be rejected by the company’s plan administrator, whom ERISA gives final say on whether or not the necessary requirements are met. Because of these complexities, most divorce attorneys outsource QDRO preparation to an expert attorney whose sole practice is to prepare and file qualified domestic relations orders.