What Does a QDRO Attorney Do for Divorce?

If you are getting devorced and have questions about dividing retirement assets, you may need to speak with a QDRO attorney. This type of lawyer specializes in creating qualified domestic relations orders, which are necessary to divide pensions, 401(k)s, and other retirement accounts fairly between former spouses. QDRO attorneys can help make the divorce process much easier and ensure that all your retirement assets are accounted for.

What is a QDRO?

A QDRO is a Qualified Domestic Relations Order. A court order assigns rights to retirement benefits in a divorce or legal separation. A QDRO can divide public and private retirement benefits, including 401(k)s, 403(b)s, profit-sharing plans, pensions, and IRAs.

The QDRO allows the non-employee spouse to receive their share of the retirement benefits without paying taxes on the withdrawal. QDROs are also used to allocate child support and spousal maintenance payments from retirement accounts.

How Does a QDRO Work?

For a QDRO to be valid, it must meet specific requirements outlined in the Employee Retirement Income Security Act (ERISA) and Internal Revenue Code. QDROs must be signed by a judge and specifically state how the retirement benefits are divided.

The QDRO must also include the following information:

. The name and last known mailing address of the participant and each alternate payee

. The name and last known mailing address of the retirement plan holder

. The account number or other unique identifier for the retirement plan

. The dollar amount or percentage of benefits to be paid to each alternate payee or the manner in which such amount or percentage is to be determined
The number of payments or period over which such payments are to be made, or how such number or period is to be determined.

. A description of each type or source of benefits to be paid to each alternate payee

. Each party's waiver of rights to future benefits under the plan

. Any other terms and conditions necessary to effectuate the division of benefits.

Once a judge signs the QDRO, it must be submitted to the retirement plan administrator for approval. Once approved, the QDRO becomes a binding contract between the participant and each alternate payee. The QDRO can then be used to direct the retirement plan administrator to pay benefits to the alternate payee.

Do I Need a QDRO Attorney?

While you are not required to have an attorney to prepare a QDRO, it is highly recommended that you seek legal counsel to ensure that the QDRO is appropriately prepared and meets all the requirements set forth by ERISA and the Internal Revenue Code.

An experienced QDRO attorney will be familiar with the QDRO process and can help you ensure that your QDRO is prepared correctly. QDRO attorneys can also help you negotiate with your spouse and their attorney to reach an agreement on the terms of the QDRO.

Ask Your Attorney for More Information

If you have questions about QDROs or wish to contact a QDRO attorney for part of your divorce, reach out to the team at Verner Brumley Mueller Parker. We can help you work to secure your best interests.

What Attorney fell about another attorneys?

 

I do not do any criminal defense, but I’m a trial attorney. I know a lot of lawyers. Three weeks ago, I went to a happy hour in downtown Houston. It’s a fairly low-key bar and a lot of its clientele is attorneys. I’m at the bar, having a beer with one of my partners. Some guys walk in and walk up to the area of the bar where we’re sitting. My partner knows one of these guys. They’re criminal defense attorneys.

We start talking to these two criminal defense attorneys. I can tell quickly that they’re fairly established private-practice criminal defense attorneys who are a far cry from “mob lawyer from a Scorsese movie” or “sleazy defense attorney from TV.” These guys are the real deal.

They say, “We were defending a case in trial today and the jury just came back with a guilty verdict a few hours ago.” They don’t seem upset about it.

We discuss the details of the case.

My partner says, “It sounds like justice was served.”

The one of these two, who seems like the lead lawyer, orders a round.

I’ve been asked to answer a lot of questions on Quora recently, and these “How can lawyers defend guilty people?” questions come up A LOT.

I say, “People often wonder, ‘How do criminal defense attorneys defend criminal defendants in trial that they know are guilty?’ So I want to ask you, how are you okay with defending guilty people?”

He says, “Defending people who I think are guilty is easy. Defending innocent people will keep me up at night.”

“This is not the answer that people who typically pose this question are expecting.”

He goes on to discuss how, when he truly believes his client is innocent, because he has a reputation for integrity and honesty with the D.A., he can often get the charges dismissed.

There’s a big difference between a trial lawyer who is decent and one who is good, and there’s a big difference between a trial lawyer who is good and one who is really good. But even a decent trial lawyer with some experience should be able to a) follow procedure, b) cross-examine witnesses, c) argue against the state’s evidence, and d) argue burden of proof. A trial attorney’s argument isn’t a testimonial. It’s an argument. If the lawyer is experienced and at least decent, s/he can argue the case competently. Even if the lawyer believes the defendant to be guilty.

There isn’t much moral hazard in defending a guilty person, when you think about it. Juries convict at a high rate. Juries are inclined to convict, so a guilty person will probably be convicted. If the jury doesn’t convict, it’s probably because the case had a serious issue with the evidence. If the case had a serious issue with the evidence, then the person is not supposed to be convicted, even if they are not factually innocent.

But what if the defendant is innocent? What do you do when you have to defend an honest-to-goodness innocent person? This is when you realize it’s not good enough to be a decent trial lawyer, or even good. You had better bring your A+ game and be  really good. That’s a lot of responsibility, isn’t it? Because what if you lose? An innocent person’s liberty is at stake.

It makes total sense. “Defending people who I think are guilty is easy. Defending innocent people will keep me up at night,” he said. Think about it.