QDRO Services, LLC

Practice Tip: Remember that QDROs must comply with the Divorce Decree (or Court Order). When preparing the Decree language, you need to KNOW if the Plan can actually do what you want it to do. I am often faced with cases where "standard" decree language was used, only to realize that the Plan can't comply with the Decree language or the Decree language doesn't accurately reflect the parties intent.

Practice Tip: Remember that not all retirement benefits are equal. Some provide for an immediate payout, while some are deferred until the employee reaches retirement eligibility. Some can pay out upon the election of the non-employee, while others are not payable until the employee actually commences his/her benefit. We have seen cases where the employee never retires because he/she doesn't want the former spouse to receive any funds! Know what you are dealing with before you agree to the division.

Practice Tip: One of the top reasons QDROs are rejected by the company/administrator is because the plan name is not identified correctly. Be sure to correctly identify the plan name in the divorce decree & the QDRO. Avoid using generic names of plan in the decree (or court Order), as you can inadvertently create more of a challenge.

Practice Tip: When dividing an employer profit sharing plan in a divorce, keep in mind that some profit sharing plans are only valued once annually (in many cases 12/31) and will not accept an agreement that attempts to split the plan as of another date. In addition, some of the plans only allow distributions during a short window (in many cases one month) during the year.

I had a great question submitted to me: "Can a QDRO be prepared to divide a retirement benefit during marriage, with no intention of divorce?"

Answer: Yes. Technically speaking, QDROs are not just for divorces. Obviously, the retirement benefit in question would need to be a plan that can be divided by way of QDRO. In addition, the QDRO has to comply with a court order. Therefore, as long as you have a court order directing the division of a retirement benefit, then a QDRO can be prepared, regardless of divorce.

Hope this helps and keep those questions coming. Let me know if I can be of any additional assistance.

Just lost power in the Woodlands area due to severe storms rolling through. We apologize for any inconvenience this may cause in contacting our office. Hopefully we will be up and running soon. Should you need to contact me in the meantime, you may email me at [email protected].

Due to inclimate weather, our office will be closed Tuesday, (01/21/25). We hope you all stay warm & safe.

Due to inclement weather, we will be closed on Tuesday. Stay warm.

Houston Divorce Lawyer Houston Texas | Busby & Associates Houston Divorce Lawyer Located in Houston, Texas. Busby & Associates law firm provides consultation for divorce and Judgment coleccion

We are sad to announce that Molly Killian, Customer Service Coordinator "extraordinaire", will be leaving us to begin her next season of life. Molly has been a blessing to both our office and clients. She has the ability to juggle many tasks with poise, while simultaneously showing compassion and understanding toward our clients. She has been an incredible asset. While we are very excited for her, she will be sorely missed. Molly, we wish you the best of luck and are excited for your future.

QDRO Services hopes you had a very Merry Christmas and a safe & Happy New Year. We have been blessed to assist many clients this past year and we look forward to the opportunity to work with you in the coming year. If you have any questions about our services or how we may be able to assist you in your case, please do not hesitate to contact our office at 281-288-4773. We hope that 2025 is a blessing to you all.

Shootout Hunger clay shoot. Great way to spend a beautiful Friday morning.

Practice Tip...When splitting your retirement benefits in a divorce, consult a profession that understand the pitfalls.