The Drafting Process
Start with reviewing your divorce settlement or judgment. Does it require a percentage split? A dollar amount? Division of only the marital portion? Then, the QDRO must match the intent of the court order.
Next comes document preparation. You’ll need the plan’s official name, sponsor name, plan number, and EIN—all required on the QDRO. While we currently don’t have the full plan number or EIN, these can be retrieved from plan statements or directly from the plan administrator.
Once drafted, the QDRO must be submitted for pre-approval (if allowed by the plan), then signed by the judge, and finally sent to the plan administrator for implementation.
Common Pitfalls to Avoid
- Submitting a QDRO with the wrong plan name or sponsor—use only Windemuller Electric Inc.. Retirement Plan and Windemuller electric Inc.. retirement plan
- Failing to address unvested amounts or loans accurately
- Ignoring different tax treatments of Roth and traditional accounts
- Missing the required plan number and EIN in your QDRO—these MUST be retrieved before submission
Explore our article oncommon QDRO mistakes to avoid the traps we’ve seen too many people fall into.