Day & Evening
(718) 878-6886

What Happens If I Forgot to Submit A QDRO In a New York Divorce?

Posted on : June 24, 2018, By:  Mary Katherine Brown
Filing QDRO In Brooklyn Divorce

Did you know that qualified retirement plans must be divided using an order called a qualified domestic relations order (QDRO)?

Even if your divorce decree clearly stipulates that you are entitled to receive a portion of your former spouse’s retirement plan benefits in New York, the establishment of a QDRO is necessary for this legal action to be taken.

The QDRO is sent to the plan administrator of any affected retirement plans in order to trigger him or her to divide the retirement plans in line with the order itself and the divorce decree. A belated QDRO, however, is not barred by statute of limitations in New York.

Qualified Domestic Relations Order Use In New York

It is necessary to consider how to use a qualified domestic relations order from the moment that you elect to get divorced. While there are many different aspects of a divorce that should be handled directly by an experienced Brooklyn family lawyer, you should not allow too much time to pass before you consider what may be one of the biggest assets inside the marriage: the retirement plans established by both spouses.

Legal Support For QDRO’s In Brooklyn

The support of a lawyer is critical for understanding how these key decisions are made and what must be included in the qualified domestic relations order for it to be legally accurate and accepted by any plan administrators. A Brooklyn Divorce attorney who has worked in this field over the course of many years and has navigated many qualified domestic relations orders will help to ensure these obstacles and erroneous mistakes are avoided to the best extent possible.

This can give you a great deal of peace of mind when it comes time for you to receive these benefits in the future; be sure that you are well set-up to do so. Schedule a time to consult with an experienced Brooklyn family divorce lawyer to better understand QDROs today.      

Posted in : Divorce ,

What Our Clients Say

Mariana Peniche
Mariana Peniche
17:43 12 Nov 18
Yair Oded
Yair Oded
19:00 07 Nov 18
It was recommended to me that I get in touch with Mary Katherine through an acquaintance who works in the field. I can confidently say it was one of the best decisions I had made. I went through a complicated separation process and custody battle over my two year old son; my case was extremely challenging and before I retained the services of Mary Katherine it seemed as though all was lost. Mary Katherine and Eoin O' Mahony worked tirelessly on my case and managed to guarantee my access to my son and reach an agreement that protected my relationship with him and secured my status as his father. They did so with the utmost of professionalism, compassion, and generosity. I truly cannot recommend her warmly enough.
Iqra Yaqub
Iqra Yaqub
10:20 28 Apr 18
Christine David-Fortune
Christine David-Fortune
12:38 23 Mar 18
If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!
Jeremiah Thompson
Jeremiah Thompson
16:53 26 Jul 17
Mary Katherine Brown is one of Brooklyn's top divorce lawyers
See All Reviews