Why is a Properly Drafted QDRO So Important?

Q. Michelle H. of Louisiana wants to know: "Why is a Properly Drafted QDRO So Important?"

A. Spencer from the QDRO Department of Pension Evaluators^® at Troyan, Inc.^® writes: "Pension Plans and Retirement Accounts are often one of the most valuable marital assets in divorce cases. QDROs are complex legal documents. A technical error by one neophyte drafter or party working with boilerplate language used in the QDRO could prove costly- thus resulting in a windfall for one spouse or a lost benefit for the other. It is imperative that the QDRO be properly drafted to protect the respective rights of the parties. Let's not forget the importance of the language in the parties' marital settlement agreement. Often times the language is so incomplete otherwise enabling arguments of interpretation to prevail. We suggest that all language be clear and concise to identify all types of occurrences and whether or not a potential enhancement is deemed part of the Award. Troyan suggests divorcing couples and their legal counsel consult with a competent QDRO writer to prevent a situation of tension that can be foreseen and prevented."

Spencer Olsen

Senior QDRO Writer