Step-by-Step Process

Accessing Retirement Assets Without Many of the Penalties, Fees and Restrictions

1. Initial Client Checklist & Account Information

  • Obtain copy of monthly account statements
  • Review client information sheet
  • Consult with financial adviser if one is involved in the process

2. Gather Plan Information & Procedure

  • Obtaining retirement plan QDRO rules
  • Identify any issues that may arise and/or conflict with plan procedure

3. Prepare the QDRO & Send to Plan for Prequalification

  • Prequalification allows for any advisory edits of the QDRO by the Plan Administrator

4. Determine which Inter-Spousal Agreement is Best

  • Different states have different statutory options
  • Requires assistant by one of our local affiliate attorneys

5. Prepare the Inter-Spousal Agreement

  • Written to meet statutory requirements of your state’s domestic relations law

6. Prepare Petition to Enforce New Inter-Spousal Agreement

  • Mechanism to get the pleadings filed with clerk and in front of a judge
  • Customized to meet formatting of state law and sometimes local county regulations

7. Review Sign and File All Documents

  • Can be done at attorney’s office or remotely with local notary
  • Requires payment of court costs

8. Send Certified Copy of Signed QDRO to Plan for Qualification

  • Once qualified, an interim account is opened in the recipient’s name & funded
  • Once interim account is funded, our legal role in the matter is concluded

9. Transfer Funds Into a Predetermined Investment Account

  • Handled by recipient of funds and/or financial adviser