All QDROs, whether drafted by a lawyer or through drafting software like ours, should be sent to the plan for review before anyone signs and sends it off to court. This is called the “preapproval” process. We’re confident that our templates will work with nearly all private plans, though small edits may be requested by your plan – which is absolutely normal.

Our software was built by a QDRO attorney with over a decade of experience drafting QDROs in seven states. We’ve taken that knowledge and built it into dynamic templates that allow you to generate documents exactly as your divorce requires. We also let you preview docs before paying and deliver your documents in an editable format, so you can continue to make changes as needed.

Most people will need a copy of their divorce settlement or property division orders to get started. In addition, you may want a copy of your divorce judgment (if you have one), your case number and court information, a statement from the retirement plan to reference, and a cooperative ex-spouse (we can dream, can’t we?). 

Most QDROs do not require math or calculations. For pensions, the most common division form is a formula that gives the plan everything it needs to calculate respective shares in the pension, such as the dates of marriage and divorce. And in most 401(k) and other deferred compensation plans, again, the order provides dates and guidance and the plan does the calculations.

There are some instances where a 401(k) plan does not have sufficient records to make calculations – where many years have passed since the marriage or divorce and the plan doesn’t have records dating that far back. In these cases, the parties need to consult with an accountant to obtain estimated valuations or they can make a handshake agreement on a fair estimate of their own.