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

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 the 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, a thorough understanding of the best practices for drafting and structuring QDROs and the practical solutions will prevent the most prevalent errors and equip experienced family law practitioners to prepare their QDROs for 401(k) plans.

Listen as our distinguished panel offers family law practitioners a boot camp on drafting QDROs for 401(k)s and similar defined contribution plans. Experienced in 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 and provide a QDRO template for dividing 401(k) plans.

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

The panel 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?