Chryssikos Law Firm

Retirement Division

Dividing retirement accounts such a pension, 401(k), 403 (b), etc., can be complicated and filled with pitfalls that can have serious and long-lasting consequences. An experienced family law attorney will know the proper questions to ask and documents to obtain during the divorce so there are no unpleasant surprises once the divorce is final.

What is important for you to know is that most retirement accounts or plans can only be divided by entering a Qualified Domestic Relations Order (QDRO) or an Eligible Domestic Relations Order (EDRO) and submitting that Order to the retirement plan administrator for approval. Without verification from the plan that your QDRO or EDRO has been approved and that you have been designated as an “alternate payee” on the plan, you will not be entitled to any retirement benefits regardless of the language in your Judgment.

If you are already divorced and you are unsure if all the proper steps have been taken to secure your interest in your former spouse’s retirement plan, contact our office as soon as possible, as delay in this process can have serious consequences, including the permanent loss of benefits awarded to you in the divorce.