Not only should your QDRO include specific details regarding the amount of the alternate payee’s benefits, it should also include instructions regarding the allocation of benefits form the participant’s accounts. Alternatively, you may include an instruction in the QDRO that requires the Plan Administrator to carve out the alternate payee’s share of the benefits on a “pro-rata” basis among all of the participant’s accounts.
Email: [email protected]
Phone (Northern California): (925) 258-7100
Phone (Southern California): (714) 430-8984
Hours of Operation:
Monday-Thursday 9am-12pm, 1pm – 4pm, Friday: 9am-12pm
LEGAL DISCLAIMER
THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE, DOES NOT CONSTITUTE, AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE. MOON, SCHWARTZ & MADDEN (“MSM”) DOES NOT PROVIDE LEGAL ADVICE AND OUR SERVICES CANNOT AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. WE CANNOT PROVIDE ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES SPECIFIC TO YOUR CASE. COMMUNICATION OF INFORMATION BY, IN, TO OR THROUH THIS WEBSITE AND YOUR RECEIPT OF USE OF IT (1) IS NOT INTENDED TO CONVEY OR CONSTITUTE LEGAL ADVICE, AND (2) IS NOT A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED ATTORNEY. WE PROVIDE INFORMATION OF A GENERAL NATURE TO ASSIST YOU WITH OUR SERVICES.