Spousal Rights Under ERISA Plans: Avoiding Loss of Benefits After Divorce, Ensuring Regulatory Compliance
QDROs, QMCSOs, Participant Pensions in Divorce, Enforcement of Court Orders and Plan Administrator Responsibilities
Recording of a 90-minute premium CLE webinar with Q&A
This CLE will guide benefits counsel on issues associated with the spousal rights of benefits under ERISA. The panel will address the necessary procedures and challenges in securing qualified domestic relations orders (QDROs), qualified medical child support orders (QMSCOs) and other spousal rights, and methods to ensure compliance with ERISA. The panel will also discuss issues in providing employer-sponsored medical benefits to dependents in divorce or child support, and employer and plan administrator responsibility in enforcing court orders impacting a plan participant’s pension or other benefits.
Outline
- Methods of securing rights of non-participant spouse and/or dependents
- Key drafting concepts for QDROs and QMSCOs
- ERISA requirements and avoiding errors in securing spousal rights
- Plan administrator obligations and regulatory compliance
- Plan rules and intepretation
- ERISA plan vs. federal government plan
- Participant status
- Best practices for benefits counsel and plan administrators
Benefits
The panel will review these and other principal issues:
- What are the most common drafting errors in settlement agreements/judgments of divorce/dissolution relating to QDROs and QMCSOs?
- What are the key drafting concepts in securing spousal rights and split of benefits from plan administrators?
- Review and enforcement of QDROs on behalf of plan administrators
- Plan administrator obligations and regulatory compliance challenges
- Understanding key differences in the division of ERISA plans vs. federal government plans
- Best practices for benefits counsel and plan administrators in the enforcement of court orders impacting plan benefits
Faculty

Emily W. McBurney
QDRO Attorney, President
Emily W. McBurney
Ms. McBurney practices in the area of taxation and domestic relations and family law. She is a recognized... | Read More
Ms. McBurney practices in the area of taxation and domestic relations and family law. She is a recognized expert in the field of QDROs. She is frequently invited to lecture on this subject by legal and professional organizations nationwide, and has published numerous articles about QDROs.
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Louise Nixon
QDRO Attorney, President of QDRO Benefits Law Group, CEO
QDRO Counsel
Ms. Nixon practice focuses on retirement benefits, specifically determining the community or marital interest in... | Read More
Ms. Nixon practice focuses on retirement benefits, specifically determining the community or marital interest in pension benefits earned through employment and in consulting and/or drafting appropriate orders for the division and disposition of those interests. She has managed all aspects of the review and approval process of QDROs and negotiated cases in the employee benefits field.
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