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Do you need a QDRO?

If you are going through a divorce and need to divide retirement accounts, the answer is most likely YES.  QDRO stands for Qualified Domestic Relations Order and is simply a court order that allows the financial institution holding one’s retirement accounts to divide the assets between divorcing  spouses. When a couple is going through a divorce, one very important issue that needs to be determined is how, exactly, to split their retirement accounts. This is where the QDRO comes in.  The QDRO assists divorcing spouses in avoiding unnecessary penalties and taxes.

During a marriage, contributions to either spouse’s retirement accounts are marital property.  Marital property is property legally owned by both spouses and to which both have a legitimate claim.  Retirement accounts must always be considered as part of the entire divorce strategy or plan. 

Your divorce attorney should be knowledgeable and proficient in the intricacies of the QDRO and be able to advise you through the process of establishing one. QDROs are very complicated and need to be worded properly in order to be legally valid and to accurately reflect the desired division or outcome of the retirement assets.     Once established, the QDRO is submitted to the Court and becomes a Court Order directing the financial institution to divide or disburse the retirement assets.  Any mistake in this process could be very costly.  

If you are ready to take the next step and contact a divorce lawyer, then contact one who is experienced with these situations.  I have served as a divorce/family lawyer for over 25 years. If you are a Maryland or Washington, DC resident contemplating separation or divorce, contact me for a no-obligation consultation  (202.441.2107) to discuss doing so. If you choose to move forward, we can conduct our meetings remotely and discreetly or safely in person. 

Thank you for reading our blog! 

If you need legal representation in Maryland or the District of Columbia, consider contacting Malech Law. With over 25 years of experience, we are committed to providing excellent service to our clients. Our accolades include the 2024 Family Law American Association of Attorney Advocates recognition, being a finalist in the 2024 Best of Bethesda Readers’ Pick for Best Family Law Practitioner, and winning the same award in 2022. We’ve also been honored with the Lawyers of Distinction Award for Excellence in Divorce and Family Law for the past five consecutive years. At Malech Law, we approach every case with respect, empathy, and a dedication to excellence. Contact us today for professional legal assistance.

Visit Malechlaw.com or call (202) 441-2107.

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