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QDRO (Qualified Domestic Relations Order)

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brendarn

Guest
My divorce order states that I am entitled to a portion of my ex's 401K under a QDRO. The 401K adminstrator sent me a QDRO form, which I gave to my lawyer, but he never filled it out and has been unavailable since the divorce decree. Left to execute this QDRO alone, I have two questions:

(1) Is a lawyer required to complete the QDRO form provided by the 401K administrator, or can I?

(2) Is the 401K administrator's QDRO form required at all - or will sending in the divorce order signed by the judge (Georgia), which states the provision is a QDRO suffice?
 


I AM ALWAYS LIABLE

Senior Member
brendarn said:
My divorce order states that I am entitled to a portion of my ex's 401K under a QDRO. The 401K adminstrator sent me a QDRO form, which I gave to my lawyer, but he never filled it out and has been unavailable since the divorce decree. Left to execute this QDRO alone, I have two questions:

(1) Is a lawyer required to complete the QDRO form provided by the 401K administrator, or can I?

(2) Is the 401K administrator's QDRO form required at all - or will sending in the divorce order signed by the judge (Georgia), which states the provision is a QDRO suffice?
My response:

Yes, you can fill it out on your own; however, I wouldn't advise it. The information you supply MUST be extremely accurate and written in the proper manner. Otherwise, the administrator of the 401K can reject the same back to you.

Sending your orders to the administrator of the 401K is of no value. You are required by court order and the law to submit a proper QDRO form, only.

IAAL
 

rhia_stone

Junior Member
My divorce order states that I am entitled to a portion of my ex's 401K under a QDRO. The 401K adminstrator sent me a QDRO form, which I gave to my lawyer, but he never filled it out and has been unavailable since the divorce decree. Left to execute this QDRO alone, I have two questions:

(1) Is a lawyer required to complete the QDRO form provided by the 401K administrator, or can I?

(2) Is the 401K administrator's QDRO form required at all - or will sending in the divorce order signed by the judge (Texas), which states the provision is a QDRO suffice?
I appreciate your time...thanks
 

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