Q: Who selects the QDRO in a divorce and how can I contest pension plan values?
In my divorce process, who typically selects the Qualified Domestic Relations Order (QDRO), and how much interaction will I have as the party with the pension plan? I'm concerned about the valuation method being used and want to know if I can contest any values that don't seem to be a fair 50% division. I haven't yet agreed to any terms or consulted with legal representation, although I plan to.
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A:
In a divorce, the QDRO is typically prepared by the attorney or a professional with experience in dividing retirement benefits. While both parties have a say, the plan participant (you) will usually have some level of interaction to ensure the order aligns with the pension plan’s requirements. The judge must approve the QDRO before it is sent to the pension plan administrator for final implementation.
If you're concerned about how your pension is being valued, you have the right to contest any calculations that seem unfair. Pension division should be based on an accurate valuation, and different methods can yield different results. If you believe the valuation method is incorrect or does not reflect a fair 50% division, you can challenge it before the QDRO is finalized.
Since you haven’t agreed to any terms yet, now is the time to review the details carefully. You may want to gather financial records and consider consulting someone with knowledge of pension division to ensure accuracy. The court may allow you to present arguments or request an independent valuation before finalizing the order.
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