How We Assist Attorneys

Initiating our services is straightforward. Outlined below are the most common requests we encounter - drafting and otherwise - along with the standard information and documentation necessary to proceed.

Oftentimes, the assignment of retirement benefits from one party to another is not so simple. If at any time you are unsure about what forms or documents are necessary to proceed, or the fee for our services, please reach out directly to Ben Nyhan at 614-962-6900 or ben@qdropartners.com.

General Process

Once a request and payment are received, most matters require an element of discovery to uncover several items from the subject retirement plan, such as determining the official name of the retirement plan at issue and whether there are any plan specific procedures or requirements related to this process.

Once the necessary information is obtained from the plan, we are in position to draft. Generally, once we have payment in full and all necessary information, the drafting turnaround time is 7-10 days.

As part of the services we provide - and if requested by the attorney on the request form - we will submit a draft of the domestic relations order to the plan for pre-approval. During this stage, we will submit the draft domestic relations order to the plan or its reviewing agent for an initial determination as to whether the draft order would be deemed acceptable if an identical version is submitted in court-certified form. Note, some plans do not permit this initial review and, for those that do, the review could last upwards of 30-60 days.

Drafting Requests

	Please note, if you have difficulty obtaining any of the information we need to proceed, please contact us to discuss or submit your request and we will let you know if we have any questions.

Qualified Domestic Relations Order (QDRO)

A QDRO is necessary to assign a portion of an employer-sponsored retirement plan (non-governmental), such as a 401(k) or a defined benefit pension plan.

Documents needed:

Request Form
Decree/Separation Agreement
Account statement (Usually does not necessarily need to be current.)

Documents that are helpful but not necessary at the outset:

Limited Authorization Form completed and executed by the party who is a participant in the plan at issue.
The Plan's QDRO Procedures, if any, that the participant is able to obtain provided by the HR or Benefits Department. This is document that outlines the plan’s process for approving a QDRO and oftentimes includes requirements that must be included in the QDRO.

Division of Property Orders (DPO)

A DPO is necessary for any one of Ohio’s five public retirement systems, specifically Ohio Public Employees Retirement System (OPERS), State Teachers Retirement System of Ohio (STRS), School Employees Retirement System of Ohio (SERS), Ohio Police and Fire Pension Fund (OP&F), and the Ohio State Highway Patrol Retirement System (OSHP).

Documents needed:

Request Form
Decree/Separation Agreement
Authorization form completed and executed by the member of the retirement system at issue (OPERS, STRS, SERS, OP&F, or OSHP)

Documents that are helpful but not necessary at the outset:

Annual Benefits Statement

Court Order Acceptable for Processing (COAP)

Retirement Benefits Court Order (RBCO) for the Thrift Savings Plan (TSP)

Military Retired Pay Division Order (MRPDO)

A MRPDO is necessary to assign a portion of a service member's military retired pay.

Documents needed:

Request Form
Decree/Separation Agreement
If the retired pay is not yet being received by the service member, the following information will need to be included in the MRPDO. Accordingly, documentation or information evidencing the same will need to be provided:

1. The Member’s High 36. In order to determine this, Leave and Earnings Statement (LES) as of the valuation date, preferably all 36 months of LES leading up to the valuation date.
2. Points (if reservist) or months of service (if active) accrued by the service member during the marriage AND total points or months of service accrued by the service member as of the valuation date.

IRA

An Individual Retirement Account (IRA) should not require a QDRO. The IRA-to-IRA transfer incident to divorce should be able to be effectuated through the requirements and forms dictated by the institution holding the account owner's assets. However, oftentimes we are engaged when additional work is involved or if the decree does not provide clear enough directive.

Documents needed:

Request Form
Decree/Separation Agreement
Account statement

Documents that are helpful but not necessary at the outset:

Limited Authorization Form for IRA completed and executed by the party who owns the account at issue.

Present value of defined benefit pension plans & passive growth of defined contribution plans

While QDRO Partners primarily specializes in the drafting of domestic relations orders, we recognize the need to have an expert perform the proper analysis and report in determining the present value of pension benefits and passive growth analyses on defined contribution plans. This is why QDRO Partners collaborates with Al Minor & Associates, Inc. to provide these services. While the request is initiated through QDRO Partners, Al Minor & Associates, Inc. will prepare the analysis and the final report will be sent from Al Minor & Associates, Inc. to the requesting attorney.

Click Here for the Request Form

	The form includes a breakdown of the information necessary to proceed and fee schedule.

Does your client have questions about the process? Send them here to help them better understand why a QDRO (or other similar order) is necessary, procedures, and next steps.

Fees

Drafting Fees (Effective March 1, 2023)

1 QDRO: $475
2 QDROs: $800
Each QDRO thereafter: $250
Military Retired Pay Division Orders: $600 ($500 if requested with one or more QDROs)

Present Value Fees

$400 for present value of a defined benefit pension
$400 for passive growth tracing on a defined contribution account (Please see the request form for the fee structure involving (1) a date range of greater than 10 years or (2) missing statements.

Other Fees

Contact QDRO Partners to discuss fees associated with the review of QDROs prepared elsewhere and other consulting work

Forms

Drafting Request Form

Download Drafting Request Form

Present Value Request Form

Download Present Value Request Form

Limited Authorization Form

Standard Limited Authorization Form for QDRO Partners. This form is helpful in matters involving employer-sponsored, non-governmental pension and 401(k) plans.

Download Limited Authorization Form

State Of Ohio Retirement System Authorization Forms

Ohio deferred compensation Release

OPERS Release

SERS Release

STRS Release

Ohio Police & Fire Release

Highway Patrol Release

QDRO Checklist

Keep this checklist in your client’s file to ensure you have met all the important QDRO-related benchmarks, including the preparation, filing, and approval of the QDRO. This checklist is for your internal use and should not be submitted to QDRO Partners.

Download QDRO Checklist

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