DIVORCE AND RETIREMENT BENEFITS

A Qualified Domestic Relations Order (commonly known by its acronym QDRO and sometimes written as  QUADRO) may be required to divide retirement assets in a divorce.  Under a marital separation agreement (or divorce judgment), court orders that divide retirement funds specify important rights and must be carefully drafted to comport with with the specific plan and applicable legal framework.  After the QDRO or other appropriate order is drafted, it must be sent to the court and, once entered as a order, served on the target plan.

​If you require a QDRO, Domestic Relations Order ("DRO") or, for federal employees, a Court Order Acceptable For Processing ("COAP") or other assistance in dividing retirement assets in a divorce including Individual Retirement Accounts ("IRA"), please contact Attorney Margaret M. Carleen at (781) 438-4600, or email at mcarleen@carleenlaw.com for a free consultation.  ​
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Attorney Carleen prepares QDROs, COAPs, and RBCOs, provides guidance with the process from start to finish, and is committed to offering excellent service at a highly competitive rate while working diligently with the plan to facilitate speedy turn around time.  As an additional cost savings measure, if you require preparation of motion papers for the court to approve the QDRO or other document, or if you require assistance with the process or with service of the QDRO or other document on the plan, these services are provided free of charge.  Other attorneys may charge additional hourly fees for these "additional" services. 

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Why Do I Need a QDRO?

.Under federal law, certain retirement plans cannot assign benefits to anyone other than the plan participant -- except by means of a QDRO.    

What Is a COAP?

Federal employees require a Court Order Acceptable for Processing ("COAP"), because QDROs cannot divide benefits under the Federal Employee Retirement System (FERS) and Civil Service Retirement System (CSRS).

How Do I Get the QDRO Implemented?

After the QDRO (or other document that divides benefits) is completed and then approved by the court, it must be served on the plan that it addresses.  Any assistance you require with service on the plan, or with motion papers, will be provided free of charge.  You will receive guidance throughout the entire process.

How Long Will it Take?

Usually, the QDRO, COAP, and/or RBCO can be drafted for you within several days.  If the plan administrator reviews a QDRO (as to form only), additional time may be required by the plan before the document is ready to be submitted to the court.  Please call (781) 438-4600 ext. 3 for a free consultation so that details of the process may be explained.