QDRO Drafting Boot Camp: Preparing QDROs for 401(k)s and Similar Defined Contribution Plans

Strategies for Family Law Practitioners to Help Ensure Administrator Approval and Avoid Unintended Loss of Retirement Benefits

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, June 4, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will offer family law attorneys a "boot camp" on drafting qualified domestic relations orders (QDROs) for 401(k)s and similarly defined contribution plans. The panel will prepare family law attorneys to draft effective QDROs that will protect their client's interests and be accepted by plan administrators. The panel will also discuss common QDRO errors and how to avoid them.

Description

Defined contribution plans such as 401(k)s often represent the bulk of many individuals' assets and dividing retirement accounts is one of the most important aspects of divorce settlements. Mistakes in drafting a QDRO are common and errors can result in loss of benefits to the nonmember spouse. Considering the high likelihood that divorce actions will involve a QDRO that divides 401(k) benefits and the prevalence of the same common errors in such QDROs, family law attorneys should anticipate and avoid mistakes in drafting QDROs.

Many family law attorneys delegate this process to QDRO specialists. However, with a thorough understanding of the best practices for drafting and structuring QDROs and the practical solutions that will prevent the most prevalent errors, experienced family law practitioners will be equipped to prepare their QDROs for 401(k) plans.

Listen as our distinguished presenters offers family law practitioners a boot camp on drafting QDROs for 401(k)s and similar defined contribution plans. Experienced in both drafting QDROs and reviewing and approving them on behalf of benefit plan administrators, our panelists will prepare family law attorneys to draft effective QDROs that protect their client's interests and be accepted by plan administrators. The panelists will also discuss common QDRO errors and how to avoid them, as well as provide a QDRO template for dividing 401(k) plans.

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Outline

  1. Overview of QDRO and ERISA requirements
  2. Essential and recommended provisions for QDROs
  3. Common QDRO drafting mistakes and how to avoid them

Benefits

The panelist will review these and other key issues:

  • What QDRO provisions are impacted by state law?
  • What plan discovery information should be requested and reviewed before drafting a QDRO?
  • Should you trust a plan's QDRO sample language?

Faculty

Lewis, James
James R. Lewis, IV

Attorney
Shewmaker & Shewmaker

Mr. Lewis practices in all areas of family law including divorce litigation, modification of custody, alimony and child...  |  Read More

Shewmaker, Patricia
Patricia D. Shewmaker

Attorney
Shewmaker & Shewmaker

Ms. Shewmaker has an active practice in all areas of family law including divorce litigation, modification of custody,...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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