Who is supposed to fill out the QUADRO forms and follow up with the process?

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Who is supposed to fill out the QUADRO forms and follow up with the process?

I just got divorced a month ago. I have a retirement plan trough my employer and the divorce agreement only says that my ex-wife is entitled to a percentage of it until the day the divorce was signed. I called the retirement plan office and they told me that a QUADRO form and process has to be completed. I didn’t know about this. I am the person with the money in the account who should give a percentage to her. So should I contact my attorney and go through this QUADRO process or this is something she has to do? If no one does it, how will the money be distributed when I retired?

Asked on February 24, 2011 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

Generally speaking, one of the attorneys for the parties helps to prepare the QDRO (Qualified Domestic Relations Order) in accordance with the law in your state AND in compliance with the plan in which it is held.  There are many finanicial and legal issues that are involved here so I would seek help in all of this.  Call up your attorney that represented you in your divorce. This should have been part of the paperwork (either from your attorney or hers) if you were already retiring.  Get some advice here as to the matter.  You may have agreed to who is preparing it in the other paperwork from the divorce.  Find out.


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