Troyan, A Legendary Actuarial Consulting Firm, For Pension Evaluations.

Court Admissible Reports Per Your Jurisdiction at an affordable cost.

We specialize in retirement plan analysis for divorce & economic loss matters

court admitted pension experts, available to testify nationwide.

Pension evaluations prepared for lawyers, mediators, & non-attorney litigants.

We guarantee your qdro gets approved!

headquarters of troyan, inc. Home of accucalc & accuqdro software

Pension Evaluation Lawyer Services Downloads Fee Schedule Pay Online Online Order Form
Pension Evaluation
Basic Pension Principles
Cases
Community Property
Dividing Marital or Community Property
Divorce & Retirement FAQs
Equitable Distribution
Experience with Your Plan
Pension Evaluation Issues
Pensions
Retirement Terms
Social Security Offsets
State Pension Evaluation Alerts
State Pension Evaluation Classification
State Specific Information
State Retirement Plans and Divorce Information
State Listing of Statuses Disallowing Personal Identities In QDROs
State Analysis of IRA Exemptions
Collection Laws and Exemptions by State
Tax Treatment in Pension Evaluation
Distribution from Qualified Plans
Webutation
Click here to learn more about pension evaluations
Get a pension evaluation in less than 1 week Click here to read and print our company forms

Why Should I Hire a QDRO Expert to Prepare and Submit my QDRO if the model QDRO is Already Available?

Sarah from Brooklyn, NY, asks, "Why should I hire a QDRO expert to prepare and moreso, submit, my QDRO, instead of using the Model QDRO available from the plan?

Spencer Olsen from Pension Evaluators® at Troyan Inc.®, answers, "Some parties or attorneys will draft the QDRO by just inserting the parties' names and demographics into the plan's model or sample QDRO without any other revisions to it. This should never be done unless the parties and/or attorneys clearly understand every single provision within the model QDRO, and are aware of the possible alternate provisions, based on the plan's terms and 414(p) of the IRC. on marital property rights. Moreso, model QDRO's are designed in a manner to favor the plan participant and not to divide the benefits as equally as possible. Model QDROs can heavily facor the participant with regards to issues like investment earnings and losses, survicor benefits, and other things.

Further, the model qDRO may have been drafted in a different state than where the divorce took plance, which can have a huge effect on the division of benefits. Let's take an example - in New Jersey the equitable distribution interest stops accruing typically as of the date the complaint for divorce was filed. Concurrently, in California, the community property interst stops accruing on the parties' date of separation. Other states utilize other dates, such as the date of divorce filing, or the date of the entry of Judgment of Dissolution, both which may beyears after the parties' date of separation. Utilizing a model QDRO from another jurisdiction could have the effect pf awarding the alternate payee far more benefits than he/she would legally be entitled. Further, many individuals who draft ehri own QDROs are not able to format the QDRO correctly to be accepted by the court that handled their divorce."

DISCLAIMER: Any legal information on this blog has been prepared by Troyan from informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Note that sending an e-mail to Troyan does not create an attorney-client relationship, and none will be formed unless there is an agreement between the firm and the individual.
Categories: Expert QDRO
Visitor Security About Us Resources Contact Us
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.