What happens if you and your Ex disagree about the exact language to be used in a qualified domestic relations order (QDRO)? It happens when a marital settlement agreement (MSA) or judgment states that a QDRO will be entered after a divorce – but when a draft is produced by one side, the other disagrees. So what happens then?
Analyze the MSA language
The language that should be in a QDRO is determined by the language in an MSA. For example, the MSA might stated that a certain dollar figure should be transferred from one person’s 401k to another’s. Or, there might be a more complicated formula for dividing a pension that is going to pay out sometime in the future.
Whatever sort of QDRO you think there should be, analyzing the language in the MSA or judgment is the first step in determining exactly what should be in the QDRO.
Sometimes negotiating a settlement can be the best solution.
It is important to compare the possible benefits of litigation with the costs of litigation.
Litigate the case
If you cannot reach an agreement about the QDRO language, then you will need to litigate the case in court.
You might find it offensive that you have to pay a lawyer to get what you think you should have. But that’s what happens in a divorce. After all, divorces happen because people aren’t getting along.
So if you cannot come to agreement about the QDRO language, then you will need to litigate the case.
That starts with filing a motion to ask the court to enter a QDRO. But from there, it gets more complicated.
That’s why you might need retirement division experts on your side.