If you are a Montana attorney handling a dissolution, it is important to ask if your client or your client’s spouse has a retirement plan, because in many divorces, retirement plans are the parties’ most significant marital asset. Next, you must determine whether their retirement plan is divisible by a qualified domestic relations order (QDRO). There are a lot of retirement assets out there that do not fall under the Employee Retirement Income Security Act of 1974 (ERISA) and cannot be divided in a divorce.
Since retirement assets may be one of the most significant assets in the marital estate, and since a QDRO is a legal court order, it should be prepared by a licensed attorney having QDRO expertise. Even though you are the domestic relations attorney handling the divorce proceeding and, as such, have the ultimate responsibility for making sure that an acceptable QDRO is entered by the court, if you do not feel comfortable preparing the QDRO, you should contact Matrium Law Group at (406) 552-7814 to prepare the QDRO, so that you do not have to worry about whether you have complied with all of the nuances of this complicated federal law.
Matrium Law Group is a family law and estate planning law firm. We are committed to providing excellent, practical, and affordable legal counsel to our clients. We are located in Missoula, Montana and we help individuals, families, and businesses throughout Montana. For more information about Matrium Law Group, visit our website at www.matriumlaw.com.