What is a Qualified Domestic Relations Order (QDRO)
Equitable distribution of assets and liabilities must be addressed in all contested divorces.
Florida Statutes 61.076 states that 1.) All vested and nonvested benefits, rights, and funds
accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred
compensation, and insurance plans and programs are marital assets subject to equitable
distribution. A QDRO is a specialized document and judicial order that permits access to your
spouse’s retirement or pension.
QDRO’s – Unique as Every Divorce
It’s important to note that your Tampa divorce attorney should have experience negotiating the
terms of your divorce, including the division of retirement benefits. Not all assets are subject to
“equal” division. Yours and your spouse’s retirement and pensions are also subject to scrutiny
under Florida’s equitable distribution laws. Nilo J Sanchez & Associates will review assets to
properly divide and negotiate including any taxes on benefits and will follow through on filing a
QDRO if applicable in your divorce settlement.
Once the division of retirement benefits and pensions are determined, A QDRO helps to
alleviate some of the issues that can come with the distribution and collection of retirement
account awards. A Qualified Domestic Relations Order outlines the amount and manner in
which you will be paid, addresses details such as spouse survivor benefits, alternate payees
and other details. A QDRO also serves to eliminate fees and penalties that come with early
withdrawal of pensions and retirement benefits. It is also very much a tool of enforcement that
should be included in most Florida divorces.
Can a QDRO be Enforced?
A Qualified Domestic Relations Order
A Qualified Domestic Relations Order like any other order may be enforced through the courts if
not followed to reflect your marital settlement agreement or final order. However, it could be
subject to approval by pension administrators.
Contact Tampa Divorce Attorneys Nilo J Sanchez & Associates
If you have questions about QDRO’s or you wish to consult with an experienced, top-rated
Tampa Bay divorce attorney to represent you in a divorce or post-divorce legal matter, please
contact us below or call 813-879-4600 for a consultation.