Qualified Domestic Relations Orders


Qualified Domestic Relations Orders or "QDROs" can be used to divide or transfer funds from a pension plan or defined-benefit retirement plan or profit-sharing account or other benefit account from one spouse (Plan Participant) to the other spouse (Alternate Payee) during or following a divorce without tax consequences or penalties. The party receiving the funds, the Alternate Payee, will become responsible for the income taxes related to his/her portion of the retirement plan when he/she receives the funds. However, by transferring the funds directly to a separate plan account in the Alternate Payee's name through a QDRO, there are no tax consequences at the time of the transfer. If funds are transferred between former spouses without the use of a QDRO, the transfer is treated as a taxable distribution and the Plan Participant becomes liable for the taxes.

WE CAN HELP YOU! Contact our Lawrenceville law office at (770) 285-1673


Accuracy in the preparation of a QDRO is essential. The drafting of a QDRO involves federal (ERISA) and state laws and many complex or technical rules and requirements. The plan administrator and the court must approve the QDRO form and its content. Each plan is unique. The attorneys at Daniels & Taylor, P.C., carefully draft each QDRO based upon each plan's unique requirements as they relate to your division language.

Preparing the QDRO prior to or at the time of the divorce is the ideal way to address each spouse's portion of the account. A QDRO can be prepared concurrently with the divorce proceedings with the appropriate agreement language detailing what percentage and/or amount is to be divided. We can also assist in providing the appropriate language to be used in the Settlement Agreement or Final Judgment and Decree of Divorce.

Outsourcing the preparation of a document which requires such detail is a desirable option for lawyers wishing to focus their attention on the litigation of their client's case. Exercising the option to send clients directly to Daniels & Taylor, P.C., for QDRO preparation is often a more effective strategy, particularly if preparation of the QDRO is needed before the divorce is final.

Affordable pricing for a quality product is a Daniels & Taylor's staple. The firm has prepared QDROs for many years and is familiar with the requirements of plan administrators and the courts. Why sacrifice EFFICIENCY and ACCURACY when you can have your QDRO prepared by knowledgeable professionals at an AFFORDABLE price? You will not find a more precise QDRO solution at a more reasonable price.

Our service to you, when retaining Daniels & Taylor, P.C., for QDRO preparation, is to provide the following:

  • Consult the parties and/or their attorneys to obtain the information needed, if necessary.
  • Provide all consultations needed until the final QDRO preparation is complete.
  • Prepare QDRO documents.
  • Submit QDRO to the plan administrator for review and approval, if necessary.
  • Negotiate and make required revisions to obtain plan administrator approval of the final QDRO form.
  • Provide instructions for submission of the QDRO to the court.

From our office in Lawrenceville, our attorneys represent clients in communities throughout Gwinnett County, Georgia. Call us at (770) 285-1673 or contact us by email to arrange a consultation with one of our experienced Lawrenceville QDRO settlement attorneys today.


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