Divorce is one of life’s most traumatic events. It is overwhelmingly complex with issues ranging from Child Custody, Child Support, Spousal Support (alimony) through the division of property.
Michigan law provides that Retirement assets such as; pensions, 401K Plans and similar assets are marital and should be divided in a Divorce regardless of which spouse earned the asset. However, certain State and Federal laws and regulations require a special Order to divide or invade the retirement Plans and the Judgment of Divorce is not sufficient in most cases to allow the division or invasion of the Retirement Plans. MooneyQdro PLC is a law firm devoted exclusively to preparing such orders. We act as a neutral in order to follow the Divorce Judgment or other Court Order directing the division or invasion (for child support or spousal support) of a Retirement Plan. The following is a brief review information needed when considering MooneyQdro PLC to draft your order:
- The retirement Plans offered by most private companies should be divided by a Qualified Domestic Relations Order (QDRO).
- The orders are complicated and few lawyers (even great divorce lawyers) are familiar with the complexities of drafting them.
- A layperson can attempt to draft the orders, but this typically results in the order being rejected by the Plan.
- Often time can be of the essence and a rejected QDRO could result in a long wait for urgently needed funds
- MooneyQdro PLC has lawyers with thousands of QDROs experience available to draft your QDRO.
- Public pensions or Defined Contribution Plans (401K, 403B, 457 Deferred Compensation Plans) are often divided or invaded by use of a slightly different order (Eligible Domestic Relations Order for public employees in Michigan) combined with a QDRO if the employee has different types of Plans.
- Federal government employees, and those working for non-profit organizations who have retirement plans require a different type of Order.
MooneyQdro PLC has lawyers with vast knowledge and experience with each Retirement division order. For a reasonable flat fee, we will:
- Draft the appropriate order following your Divorce Judgment to the letter.
- In the event the Plan rejects our draft, we will revise and amend the order until it is accepted at no further cost to the parties.
- We can give you written instructions on how to have the judge sign your order and how to have the clerk of the Court certify the order and where to send the order.
- For a small additional fee we will get the order signed sealed and delivered (a somewhat time consuming task) so you don’t have to go to the courthouse two or three times.
- We will answer your questions by phone or in person, or by e-mail.