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 Online Order Form
Pension Evaluation
QDRO Services
Basic Pension Principles
State Pension Evaluation Classification
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 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
Click here to be automatically connected to our office Get a pension evaluation in less than 1 week Click here to order a QDRO

Is it necessary to mention a QDRO in the divorce documents?

Allan from Tulsa, OK asks, "Is it necessary to mention a QDRO in the divorce documents?"

Pension Evaluators® at Troyan, Inc.® answers, "If the decree of divorce does not incorporate the QDRO by reference, several considerations must be addressed in the decree so that issues do not later arise. The biggest danger in negating the QDRO in the divorce is that many Plan Administrators will ask for the divorce agreement to validate the QDRO. The Military is notorious for making such requests.

Defined benefit plans require essential features that must be addressed in your settlement agreement, some of which will depend on whether the participant is in pay status. Some of these features include detailing :(1) when the alternate payee may commence his/her benefits (shared payment versus separate interest approach); (2) the proper calculation method, such as the coverture method; (3) pre- and post-retirement survivorship (Qualified Preretirement Survivor Annuity and Qualified Joint and Survivor Annuity, the latter of which is unnecessary in a separate interest QDRO); (4) cost-of-living adjustments, and to what extent; and (5) the early retirement subsidy; (6)Plan Termination clauses for PBGC; (7) Plan Administrator. Many just offer the Plan Name in the QDRO and negate the Address.

Defined contribution plans also necessitate proper verbiage. Negating to address interest, dividends, gains, and losses could cause litigation down the road if the balance fluctuated greatly from the date of assignment. Also important is determining whether the participant has a loan balance and if that loan balance will be included or excluded from the assigned percentage. Most important is the valuation date for investment experience to commence. This date also tells the Plan when to cutoff the marital/community benefit."

Pension Evaluators®at Troyan®QDRO Consulting offers expert QDRO outsourcing services to divorce attorneys and mediators, as well as retirement plan administrators.

Divorce attorneys/mediators – You can rely on Pension Evaluators®at Troyan®QDRO Consulting to draft QDRO documents correctly and promptly for your clients, and obtain pre-approval by the plan administrator. We will be pleased to work with you, or directly with your clients, in the QDRO process. Just complete and mail the application form on this site (or direct your client to do so), along with prepayment of our fee, either by check or credit card (online).

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.
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.