Frequently Asked Questions

What fees and costs will be incurred?
See this page for pricing.
What services are included?
The service provided for the package prices listed is to prepare an Order which will be accepted by the Plan Administrator pursuant to the Settlement Agreement. See this page for more information on services provided.

Quite often, Family Law Attorneys would like more input prior to final settlement. We can work with attorneys on an individual basis at an hourly rate of $250.
How long does it take?
This depends on how quickly necessary information is provided, the language in the Settlement Agreement, and the turn-around time of the Plan Administrator. Once we get the necessary information, our sample Order is sent to the Plan Administrator within a week for their approval.
Can't any lawyer draft a QDRO or QILDRO?
Yes, just as any lawyer can represent a client in Tax Court. You just have to understand the Tax Code and keep up with current developments. Preparing QDROs is a subset of Family Law that is particularly suited to a primary concentration in itself. Most Family Law attorneys simply do not have the time to devote to master this considerable body of law.

In addition, the specific requirements demanded by various private and public Plan Administrators widely vary. QQLS will take the time to sort out each Plan Administrator's specific demands.

Plan Administrators may not accept an improperly formatted Order; thus it is imperative that the attorney drafting the Order comply with all the conditions set out by the Plan Administrator. If a circuit court QDRO is entered that is not approved by the Plan Administrator the circuit court QDRO is of no force and effect.
Why is it important to have QDROs prepared by lawyers?
The Family Lawyer outsourcing this segment of a divorce case is assured that competent and licenced professionals with adequate Professional Liability Insurance will responsibly assist in the case and follow up until the QDRO has been entered and accepted by the Plan Administrator. Thus, the attorney's exposure to malpractice claims will be reduced considerably.
Why not simply use the model QDRO provided by the Plan Administrator?
The Model QDRO provided by many plan Administrators may, in fact, be the best Order to use. However, it is necessary to review the Model with scrutiny in order to maximize value and equity for your client. Furthermore, the average Model requires the preparer to select from a multitude of options. Understanding those options is crucial to an optimal drafting.
Why is the division of retirement benefits so complicated?
ERISA, the 1974 law which governs most retirement plans, is complicated, and the Retirement Plan is subject to authorities other than a divorce court, e.g. the IRS. Therefore, Plan officials must preserve the integrity of the Plan and remain responsible for the interests of all participants and beneficiaries, in compliance with prevailing law. These considerations are often not included in a Judgement for Dissolution.