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The Beginner’s Guide to Qualified Domestic Relations Orders (QDRO) in Arizona

If you are divorced, or in the process of getting divorced, and have children, then you need to know about Qualified Domestic Relations Orders (QDROs). QDROs are a way to ensure that both parents continue to have a financial stake in their children’s lives after divorce. In this blog post, we will explain what QDROs are and how they work in Arizona. We will also provide some tips on how to create a successful QDRO. So, whether you are divorcing now or considering it down the road, be sure to read on!

What are qualified domestic relations orders?

A qualified domestic relations order (QDRO) is a court-issued order that recognizes the existence of an alternate payee’s right to receive benefits from a retirement plan. The order must meet certain requirements to be considered “qualified.” QDROs are used most often in divorce situations, to ensure that both spouses continue to have a financial stake in their children’s lives after divorce.

How do QDROs work in Arizona?

To create a QDRO, you must first obtain a court order that outlines the terms of your divorce agreement. This order must specifically state that one spouse is entitled to receive benefits from the other spouse’s retirement plan. Once you have this court order, you can then submit it to the retirement plan administrator. The administrator will review the order and determine whether it meets the requirements to be considered a QDRO. If it does, the administrator will issue a QDRO that can be used to divide the retirement benefits between the two spouses.

What are the requirements for a QDRO in Arizona?

There are a few requirements that must be met for a QDRO to be considered “qualified” in Arizona. 

  • The first is that the order must be issued by a court. 
  • The second is that the order must specifically state that one spouse is entitled to receive benefits from the other spouse’s retirement plan. 
  • The third is that the order must be submitted to the retirement plan administrator for review. 
  • The fourth is that the administrator must determine that the order meets the requirements to be considered a QDRO. 

If all of these requirements are met, then the administrator will issue a QDRO that can be used to divide the retirement benefits between the two spouses.

Why Is a QDRO Needed?

A QDRO is necessary to maintain both parents’ financial stake in their children’s lives after divorce. Without a QDRO, the non-employee spouse would likely lose all rights to the retirement benefits that were accrued during the marriage. This could have a significant impact on the financial security of the family, especially if the retirement benefits are substantial.

How Can I Get a QDRO?

The first step is to obtain a court order that outlines the terms of your divorce agreement. This order must specifically state that one spouse is entitled to receive benefits from the other spouse’s retirement plan. Once you have this court order, you can then submit it to the retirement plan administrator. The administrator will review the order and determine whether it meets the requirements to be considered a QDRO. If it does, the administrator will issue a QDRO that can be used to divide the retirement benefits between the two spouses.

What are some tips for creating a successful QDRO in Arizona?

There are a few things you can do to increase the chances of your QDRO being considered “qualified” in Arizona. 

  • First, make sure that the order is issued by a court. 
  • The second is to ensure that the order specifically states that one spouse is entitled to receive benefits from the other spouse’s retirement plan. 
  • The third is to submit the order to the retirement plan administrator for review. 
  • Finally, make sure that the Administrator determines that the order meets the requirements to be considered a QDRO. If all of these steps are followed, then you should have no problem creating a successful QDRO in Arizona.

Qualified domestic relations orders can be a helpful tool for divorcing couples with children. If you are divorced, or in the process of getting divorced, and have children, then you should consider creating a QDRO. Doing so can help ensure that both parents continue to have a financial stake in their children’s lives after divorce. And, if you follow the tips above, you can increase the chances of your QDRO being considered “qualified” in Arizona.

Are You Looking for a Family Law Attorney You Can Trust?

 

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer any and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

Disclaimer 

The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.

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