If I am to receive 1/2 of my husband’s pension and will be responsible for the preparation of the QDRO to transfer the funds, will I need an attorney to take care of this?

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If I am to receive 1/2 of my husband’s pension and will be responsible for the preparation of the QDRO to transfer the funds, will I need an attorney to take care of this?

Asked on December 29, 2011 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It may be a good idea for you to go and seek help from an attorney just in the preparation of the document. You could negotiate to pay the attorney a flat fee in order to prepare the document. Preapration of a Qualified Domestic Relations Order can be tricky. You should also contact the pension administrator regarding what they need to be states in the QDRO in order to be able to release the pension funds to you.  Each plan is different and working with the administrator from the beginning is the best way to insure that things go smoothly for you in the end (i.e., in distribution of the funds).  Good luck to you.


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