Does your divorce agreement have the correct language to protect you and ensure you are entitled to all you deserve such as survivor benefits, or language including gains or losses?  If it does not, you may not receive all that you could be entitled to.  An amendment may have to be prepared with the cooperation of the other party and be submitted to the Court or you may need to return to court. This can be avoided with the proper preparation and representation.

Ask Yourself these questions:

  • Are you entitled to receive a portion of your ex spouse’s pension or retirement?
  • Does your divorce contain a provision for a Qualified Domestic Relations Order or Domestic Relations Order?
  • Are all the “plans” included in your stipulation?
  • Have you prepared an order for every plan?
  • Have you or your attorney prepared the Order and obtained plan approval?
  • Have you filed it with the Court with notice to your ex-spouse?
  • Has it been approved and signed by the Judge and properly entered by the County Clerk?
  • Once signed was it properly served on the pension plan, union, or retirement plan?

At the DePalo Law Firm when representing our divorce clients, we will carefully ensure that the proper language is used in the divorce agreement to protect your interests.  If you are already divorced, we will thoroughly review your agreement to determine what language may be or should have been included in your Order.  We guide you through this complicated process every step of the way!

Ask Yourself these follow up questions:

  • Has the Plan contacted you acknowledging the receipt of the DRO or QDRO?
  • Do you have a financial advisor to help you in the process and give you advice on investing the monies and planning for your retirement?
  • Has a financial advisor properly completed any necessary forms to effectuate the transfer?
  • Have you consulted with an accountant with regards to any tax implications?