
ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
©2003 by Steven Pradell
If you are in the process of obtaining a divorce or a dissolution
resolving your divorce may involve having a judge approve of a
legal document called a "QDRO." A QDRO (sometimes pronounced
"quadro" stands for "qualified domestic relations
order."
During a marriage one or both spouses may earn retirement benefits.
In Alaska, retirement benefits earned during a marriage until
the date of separation normally are considered to be marital property,
capable of being divided by the court in a divorce proceeding.
However, retirement funds normally can not be distributed to non-participants
in the plan. This is why Congress created the QDRO concept: to
allow former spouses to collect their share of the marital portion
of retirement benefits.
A QDRO is an order which requires a retirement plan to distribute
benefits to what is called an "alternate payee." QDRO's
must be prepared carefully so that they comply both with the Federal
laws and with the specific language of the individual plan in
which the retirement funds are located. There are many different
retirement plans, including ERISA qualified plans, Government
plans, Keogh Plans, SEP's and IRA's.
If you or your spouse earned retirement during your marriage and
you are considering divorce, it may be wise to speak with an attorney
regarding QDRO issues.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, personal injury, criminal law and wills. A helpful staff at Pradell and Associates provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529. This article is not intended to provide legal advice and should not be relied on for that purpose.
