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Forum > Miscellaneous > Does anyone have knowledge about QDROS? ( Moderated by Deepika, EleanorSews, CynthiaSue)

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Does anyone have knowledge about QDROS?
needing help on the divorce front..
Jennifer shaw
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Jennifer shaw  Friend of PR
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Date: 12/6/10 8:12 PM

Hi- it's been a while since my last posting and I wanted to find out if anyone who has gone through the divorce process has ever dealt with QDROS. I am in the final stages of going through my divorce and need some feedback on using a lawyer with this process. I have contacted the American Bar Assn and will call the SF Bar tomorrow. This has to be the most complicated part of going through the divorce. I am just glad that I am at the end of this long long process. Thanks!!

EleanorSews
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EleanorSews  Friend of PR
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Date: 12/6/10 9:28 PM

Never done this persoanlly but I do know that QDROs must be part of a legal decree regarding a property settlement and there are a lot of legal requirements to be met for it to be a legitimate QDRO. My experience is that it is a wise investment to engage legal counsel for such things to assure that your interests are attended to.

I have a family member who was more concerned about what the lawyers were getting ~ short term cost outweighed her long term gain.... Just one POV.

------
"We don't see things as they are, we see them as we are." Anais Nin

"Attitude is the difference between an adventure and an ordeal." unknown

Plantwizard
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Plantwizard
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Date: 12/6/10 9:49 PM

What'sQDROS? Obviously stands for something but what? Just curious.

Jan

diane s
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diane s  Friend of PR
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Date: 12/6/10 9:54 PM

I have a QDROS agreement. The attorney that handled my divorce, referred me to another attorney to do the QDROS part of my settlement, as he specialized in family law and not retirements. It cost me about $800.00 8 years ago. But my ex is about 16 months from being vested and has been unemployed for 2 years, so I wonder if I'll see anything. lol

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My grandmother taught me to sew when I was 10, and I've been sewing ever since.

PattiK
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PattiK  Friend of PR
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In reply to Jennifer shaw


Date: 12/6/10 10:50 PM

Jennifer, I have only dealt with this from the HR side of things. You definitely want to make sure that you have a good attorney to ensure you get your share of the earnings for the account. Generally, though not always is is half of what was generated during the course of the marriage. I have seen instances where a judge has awarded 65% or more but I was not aware of the circumstances for such a high payout. If you have a good attorney the QDRO will have the date payout should be done, the percentage, the judge's signature, and a few other criteria to ensure it is a valid QDRO. You may want to contact the 401(k) provider your husband has for a listing of what is needed for a qualified QDRO. This way the process won't be delayed when it comes to be processed.

------
Patti K.

PattiK
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PattiK  Friend of PR
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In reply to Plantwizard


Date: 12/6/10 10:53 PM

Jan, QDRO is Qualified Domestic Relations Order. It is part of a 401(k) plan where a judge in the divorce proceedings decides based on the facts of the marriage, children if any and length of the marriage how much the spouse will get. It can be 25% or more of the earnings the account generated during the marriage.

HTH,
Patti

------
Patti K.

tgm and Kittys
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tgm and  Kittys
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In reply to Jennifer shaw


Date: 12/7/10 1:13 AM

It has been many years since my divorce, but at that time I was told if I remarried & was married the 2nd time (which I am) for a longer period than the first marriage then I would get nothing from jerk ex at retirement. ....Hopefully some of those things have changed by now.
Best wishes....take care, divorce is not easy & is painful.

------
Home of the adorable Baby & Mittee girl >^,,^<

Oh my..here we go again, no job...Sighing allot..


SewVeryCreative

SewVeryCreative
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In reply to Jennifer shaw


Date: 12/7/10 9:15 AM

I "declined" my rights to my ex's 401(k) when we divorced over 15 years ago (BAD situation where it was better to sever ALL ties), so I've got no input as to QDROS.

But, I DO want to tell you that we'll be thinking of you and sending you good vibes and prayers. Even a "good divorce" is hard to deal with. And not knowing your particular situation, I know that regardless of "good" or "bad" its not *easy* ...

Please keep us posted .... and know that you can come here and vent all you like.

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~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~
Connie in Panama City Beach, Florida :)

"And these children that you spit on, as they try to change their worlds, are immune to your consultations. They're quite aware of what they're going through" ~ David Bowie, "Changes"

http://www.imsewverycreative.blogspot.com

Jennifer shaw
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Jennifer shaw  Friend of PR
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California USA
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Date: 12/7/10 9:22 AM

Thanks for all of your thoughts.

It's a really weird situation that I am in, being that I have a Restraining Order against my spouse, my being a public school teacher, the fact that he is permanently partially disabled -workers comp- and has not worked in over 8 years. It has been a real learning experience. Just yesterday afternoon I spoke with someone about my STRS. (State Teachers Retirement System)

I just have no idea what is going to happen and am feeling most anxious about what is coming down the pike..

Don't get me wrong- I am so grateful for my job and many other things that are very positive- support from family, friends, divorce group etc.

I am just trying to do my best and be responsible and proactive.

CurlySu717
CurlySu717  Friend of PR
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Date: 12/7/10 10:57 AM

Jennifer, thanks for posting this question...I did not know this existed and my parents are on the verge of divorce (for the second time; they managed to patch things up the first time) and this will be helpful to my mother. They have been married 28 years and used my father's 401(k) for all of their retirement savings. My mother has nothing of her own. She is also a public school teacher and will get a pittance of a pension but of course wouldn't be able to live off it.

My husband and I have separate accounts...we're still happy together but one never knows how things may play out.

------
"To love another person is to see the face of God!" ~Les Miserables

www.lillianbettyandsibyl.blogspot.com

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