Whether You are Going Through Divorce or are Already Divorced, We Can Assist You

Who can we assist?

• An ex-spouse in need of a QDRO after a divorce is final;

• Attorneys who are litigating, collaborating, or mediating a divorce; and

• Spouses who are mediating their divorce

There are important but different considerations depending on where you are in the process of divorce. If you are already divorced and no QDRO has been drafted, you will want to act as soon as possible so that benefits are not lost due to death, the disbursement of funds, or a change in administrators. If your divorce is final, McKain Law, PLLC will use ERISA’s QDRO requirements and state domestic relations law processes to help you obtain the benefits described in your separation or stipulation agreement.

If you are going through the process of separation or divorce, it is critical that you understand the benefits you are dividing, and document all aspects of those benefits in your separation or settlement agreement. For example, with a pension you want to secure not only a share of the monthly benefit owed, but pre-retirement survivor benefits in the event your ex-spouse dies prior to retiring. McKain Law, PLLC often works with family law attorneys to help them understand retirement plans, draft the language to include in the separation agreement, and draft the required QDROs. Importantly, the order must be taken all the way through the qualification process with the plan administrator, or you do not have a “QDRO,” regardless of what your agreement says, or what the court has signed.