San Jose Divorce Lawyers

Helping Clients Establish QDROs

A qualified domestic relations order (QDRO) creates a legal framework to protect one spouse's share of the retirement benefits of his or her former spouse in a divorce or legal separation. At Lonich & Patton, LLP in San Jose, California, we are committed to helping our clients protect their interests in pension plans and retirement accounts by establishing equitable qualified domestic relations orders.

Handling Qualified Domestic Relations Orders in California

On the surface, qualified domestic relations orders are straightforward. A QDRO transfers a percentage of one person's retirement benefits to another person. In the case of a divorce, a QDRO transfers payment of these benefits to a former spouse as part of the asset division of the marital estate. Creating the framework for a QDRO is complex.

Our firm regularly partners with attorneys who specialize in drafting and implementing qualified domestic relations orders in California. There are multiple ways QDROs can divide retirement benefits, including the shared payment approach and the separate interest approach. Since many issues must be considered when creating a QDRO, there is no best way to divide QDRO benefits. Some of the issues that must be considered include:

• Type of pension plan involved
• Nature of the pension benefits
• Tax implication on the provider as well as the alternate payee
• Status of support payments - whether they are temporary or permanent

When we handle QDROs as part of a divorce, we work closely with our clients to understand their needs as well as the terms of any retirement plans. Since QDROs are such a specialized and complex area of the law, it is important to work with a firm that has the experience and resources to understand the current and future implications of any qualified domestic relations order.

Contact Our San Jose Divorce Attorneys

If you have any questions about qualified domestic relations orders and would like to speak to an attorney, please contact Lonich & Patton, LLP for a free initial consultation. Our attorneys can be reached by phone at (408) 553-0801 or through the intake form on our Contact Us page.