A Qualified Domestic Relations Order, or QDRO, is a critical legal document in a divorce; without a QDRO, the court will be unable to properly divide and allocate retirement plan benefits. The calculations are complex, and the stakes are high.
— Prof. Chad D. Cummings, Esq., CPA

A Qualified Domestic Relations Order, also known as a QDRO, is a special court order required by Federal law to divide a retirement account for a 401(k) or pension retirement plan. If you are getting a divorce and either you or your spouse will need to divide your retirement account, you are required to include a QDRO in addition to your divorce decree, prepared by an attorney.

When it comes to dividing retirement benefits during a divorce, a Qualified Domestic Relations Order (QDRO) plays a critical role in protecting your financial future. A QDRO is a highly specialized legal document that requires precise language and strict adherence to federal and plan-specific rules. Having an experienced attorney draft your QDRO ensures your rights are protected and that the order is legally sound, enforceable, and accepted by the retirement plan administrator without unnecessary delays or costly revisions.

While non-attorney services may promise convenience or low upfront costs, they often lack the legal insight required to navigate the nuances of family law, retirement plan rules, and tax implications. Mistakes in a QDRO can lead to rejection by the plan, delays in receiving funds, unintended tax consequences, or even loss of benefits. An attorney brings a layer of legal protection, strategic guidance, and personalized service that no automated or non-legal service can match.

Choosing an attorney to draft your QDRO means peace of mind and long-term financial security. An attorney understands how your divorce decree and property settlement agreement must align with the QDRO language and ensures that your specific needs and interests are represented. With an attorney’s help, you are not just filling out a form, you are securing your share of retirement benefits the right way, the first time.

1. 1. Submit your divorce decree and plan information on our website. Use our secure portal to provide the necessary details about your retirement plan and court documents. The entire process should take you no more than five minutes to complete. Submit a one-time payment securely online inclusive of all fees and costs.
2. 2. Schedule a telephone consultation with our experienced attorney. Speak directly with our attorney to address questions about your QDRO before drafting begins.
3. 3. We draft and email the QDRO for you to provide to your divorce attorney. Your divorce attorney will be responsible for filing the QDRO with the court for judicial approval. After the QDRO is approved by the court, you will need to then send the approved QDRO to the retirement plan administrator for their review. Alternatively, our firm can handle that for you for a small, additional fee.



Why choose Cummings & Cummings Law to draft your QDRO?



• ✅ Your QDRO will be prepared and reviewed by a licensed attorney and CPA—not by a paralegal or a third-party software tool.
• ✅ Your attorney can communicate directly with your divorce lawyer and the plan administrator.
• ✅ You will receive a QDRO that is customized to your retirement plan and your divorce agreement.
• ✅ You will enjoy answers to your legal questions from a qualified professional—not a helpdesk or chatbot.
• ✅ Your retirement rights and financial future are protected by someone who understands tax law, divorce law, and ERISA compliance.
• ✅ Enjoy peace of mind knowing that your QDRO documents are prepared and reviewed by a licensed attorney and CPA with Fortune 500 experience and a brick-and-mortar office, not by a fly-by-night non-attorney (and possibly illegal) online "service."
• ✅ Ease of access. Enjoy direct access to a licensed attorney by email during the drafting process, not an assistant or go-between.
• ✅ Efficiency. Electronic, online filing and communication (no snail mail when possible) regarding the QDRO and electronic signatures by DocuSign when possible.
• ✅ Communication. Weekly email status updates regarding the QDRO status included at no additional charge.
• ✅ Value. No other experienced attorney delivers this entire scope of work to draft your QDRO at a better price.

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Admitted to The Florida Bar and the State Bar of Texas—Attorney and Counselor at Law
and
Licensed by the Florida Division of Certified Public Accounting and Texas State Board of Public Accountancy as a Certified Public Accountant



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Thinking of Drafting Your QDRO Without an Attorney?

Attempting to draft a QDRO without an attorney is fraught with serious risks.

Filing incorrect or incomplete documents with the court can result in sanctions, rejected filings, wasted time, and financial penalties, including serious problems with the IRS and the loss of benefits. Generic templates found online are insufficient for meeting federal and plan-specific requirements and can lead to termination of your benefits or other unintended outcomes. Engaging competent legal counsel from the outset is far more efficient and cost-effective than trying to fix a failed QDRO later. Fixing a "broken" QDRO can cost tens, and in some cases, hundreds of thousands of dollars.


Here are the top six reasons you are making a terrible mistake:

• ❌ Plan rejection and delays. Plan administrators regularly reject non-compliant QDROs written without legal guidance.
• ❌ Inaccurate benefit division. You may lose out on benefits due to vague or incorrect language.
• ❌ Tax penalties. Improper QDROs can trigger taxable events or IRS penalties for both parties.
• ❌ Loss of legal rights. If the participant retires or dies before a proper QDRO is filed, the alternate payee may receive nothing.
• ❌ Missed deadlines. Some plans impose strict timelines or freeze options after retirement or divorce.
• ❌ Costly corrections. Fixing a botched QDRO often costs more than doing it right the first time.

You will incur substantially more time and expense in attempting to correct a QDRO "gone wrong" than if you had retained competent legal counsel to assist you at the outset.

Read our Frequently Asked Questions about QDROs or learn more about the process.



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Get a customized QDRO now.
Takes less than five minutes.
Just click "Get Started."

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Still have questions? Schedule a free meeting to discuss.

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Attorney and CPA

/Chad D. Cummings



I am an attorney and Certified Public Accountant serving Florida and Texas.

Previously, I served in operations and finance with the world’s largest accounting firm (PricewaterhouseCoopers), airline (American Airlines), and bank (JPMorgan Chase & Co.). I have also created and advised a variety of start-up ventures.

I am a member of The Florida Bar and the State Bar of Texas, and I hold active CPA licensure in both of those jurisdictions.

I also hold undergraduate (B.B.A.) and graduate (M.S.) degrees in accounting and taxation, respectively, from one of the premier universities in Texas. I earned my Juris Doctor (J.D.) and Master of Laws (LL.M.) degrees from Florida law schools. I also hold a variety of other accounting, tax, and finance credentials which I apply in my law practice for the benefit of my clients.

My practice emphasizes, but is not limited to, the law as it intersects businesses and their owners. Clients appreciate the confluence of my business acumen from my career before law, my technical accounting and financial knowledge, and the legal insights and expertise I wield as an attorney. I live and work in Naples, Florida and represent clients throughout the great states of Florida and Texas.

If I can be of assistance to draft your QDRO, please click here to set up a free meeting.

Read More About Chad

As the expression goes, if you think hiring a professional is expensive, wait until you hire an amateur. Do not make the costly mistake of hiring an offshore, fly-by-night, and possibly illegal online "service" to draft your QDRO. Where will they be when something goes wrong? . . . Hire an experienced attorney and CPA, knowing you are working with a credentialed professional with a brick-and-mortar office.
— Prof. Chad D. Cummings, CPA, Esq. (emphasis added)






As seen in













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QDRO Preparation: How It Works

1. Submit your divorce and plan information on our website. Click here to get started.

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2. Schedule a telephone consultation with our expert tax and employment law attorney.

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3. Our attorney drafts and emails the proposed Qualified Domestic Relations Order (QDRO) to you via email for onward delivery to your divorce lawyer.

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4. For a small, additional fee, we can also coordinate submission of the QDRO to your plan administrator.

 

We also offer an optional expedite service for an additional charge. Selecting this option ensures that our attorney will prepare and present your QDRO to you within twenty-four hours, provided that all the information you supply is complete and accurate.

It is vitally important you keep your divorce attorney informed so they will be on notice to file the appropriate documents.



At Cummings & Cummings Law, we have the unique combination of legal and accounting expertise, and we’re ready to help you navigate the complex process of drafting your QDRO.

Our team, led by a professional who is both a certified public accountant (CPA) and an experienced family law attorney, is prepared to handle the intricate financial and legal concerns involved in dividing retirement assets.




Why Hire a QDRO Attorney?


Hiring a QDRO attorney can have potentially significant benefits. Here are some examples:


• 1. Legal Protection: A licensed attorney ensures your retirement plan information is correctly represented in the proposed court order.
• 2. Avoid Costly Mistakes: We prevent common errors that lead to QDRO rejection or financial penalties.
• 3. Faster Approval: Attorneys know what plan administrators look for - leading to faster processing and fewer delays.
• 4. Peace of Mind: Know your retirement benefits are safe, secure, and transferred according to the law.
• 5. Enforceability in Court: Fully enforceable as a legal instrument if disputes arise.
• 6. Handling of Complex Plans: Experienced with federal, military, and government QDROs.


Our firm focuses on drafting QDROs correctly—the first time. Let us handle the complexities and technicalities.

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What is Included in a QDRO Draft:



• ✔️ 30 minute phone consultation with our experienced attorney
• ✔️ Preparation of QDRO customized to your retirement plan and divorce agreement
• ✔️ Coordination with your divorce attorney to ensure the QDRO aligns with the divorce decree
• ✔️ Submission to plan administrator for review if selected for a small, additional fee
• ✔️ Preparation and review by a licensed attorney and CPA
• ✔️ Weekly status updates to keep you fully apprised from start-to-finish at no additional charge



What's Available at Additional Charge, If Required:



4. ➖ IRS change of address (Form 8822)
5. ➖ Tax advice
6. ➖ Rollover review and planning
7. ➖ Estate planning
8. ➖ Post-divorce business entity succession planning



Why Choose Cummings & Cummings Law?



• ✔️ Enjoy peace of mind knowing that your QDRO documents are prepared and reviewed by a licensed attorney and CPA with Fortune 500 experience and a brick-and-mortar office, not by a fly-by-night non-attorney (and possibly illegal) online service
• ✔️ Direct access to a licensed attorney by email (also available over the phone or face-to-face by appointment) during the drafting process, not an assistant or go-between
• ✔️ Complimentary, no obligation 15 minute phone consultation available before you commit
• ✔️ Competitive, flat-fee pricing available to draft your QDRO
• ✔️ Electronic, online filing and communication (no snail mail when possible)
• ✔️ Electronic signatures on the QDRO by DocuSign
• ✔️ Digital, flexible payment options (including cryptocurrency)
• ✔️ Status updates transmitted to you via email every Friday afternoon to keep you in the loop
Using a non-attorney service for your QDRO can have serious (and expensive) consequences.

Only a licensed attorney is permitted to draft legal documents and answer legal questions. LegalZoom®, RocketLawyer®, and similar services are not law firms and cannot render legal advice or handle QDROs because a QDRO, by definition, requires custom drafting. Unfortunately, our firm often encounters people who hired a non-attorney service to handle this complicated, nuanced process with disastrous results necessitating expensive ($10,000+) clean-up work.

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What Is a QDRO?

A Qualified Domestic Relations Order (QDRO) is a court-approved legal document used to divide retirement plan benefits between divorcing spouses. It allows one spouse (the “alternate payee”) to receive a portion of the other spouse’s employer-sponsored retirement account, such as a 401(k), 403(b), or pension plan, without triggering early withdrawal penalties or unintended tax consequences.

Each retirement plan has its own requirements, and the language of a QDRO must be carefully crafted to comply with the Employee Retirement Income Security Act (ERISA) and IRS rules. Errors can cause delays, rejection, or even the loss of benefits entirely.

Why You Need a QDRO to Divide Retirement Assets

If you are awarded a share of your spouse’s retirement plan in your divorce settlement, you cannot receive it without a QDRO. A divorce decree alone is not enough. A properly drafted and approved QDRO is the only way to instruct a plan administrator to make a legal transfer of benefits.

Trying to bypass or delay this process can have serious consequences, including unnecessary taxes, loss of entitlement, or disputes years later. A QDRO protects your financial rights and ensures your share of retirement benefits is preserved and transferred correctly.

What Happens if You Try to Draft a QDRO Without an Attorney?

Some individuals attempt to use low-cost, non-attorney services or generic QDRO templates. But this is a high-risk approach. Each QDRO must be plan-specific, match the divorce terms, and be legally compliant with ERISA and IRS regulations. If even one word is off or required provisions are missing, the plan administrator may reject the order.

That can lead to months of delays, costly re-drafting, and lost benefits - especially if the participant retires or passes away before the order is accepted. Worse, using a non-attorney service could result in irreversible tax mistakes or legal disputes that cost far more than having it done right the first time.

Top 7 Benefits of Hiring a QDRO Attorney

1. 1. Plan-Specific Compliance: We tailor your QDRO to meet the requirements of your exact retirement plan.
2. 2. Legal Protection: A licensed attorney ensures your retirement plan information is correctly represented in the proposed court order.
3. 3. Avoid Costly Mistakes: We prevent common errors that lead to QDRO rejection or financial penalties.
4. 4. Faster Approval: Attorneys know what plan administrators look for - leading to faster processing and fewer delays.
5. 5. Peace of Mind: Know your retirement benefits are safe, secure, and transferred according to the law.
6. 6. Enforceability in Court: Fully enforceable as a legal instrument if disputes arise.
7. 7. Support After Submission: Legal support continues if issues arise.

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Frequently Asked Questions About QDROs

1. What is a QDRO?

A QDRO, or Qualified Domestic Relations Order, is a legal document used during divorce to divide retirement plan benefits. It tells a retirement plan how to split one person’s account so their ex-spouse can receive a share.

2. Why do I need a QDRO?

If you are dividing a 401(k), pension, or other workplace retirement plan in a divorce, federal law requires a QDRO to make the split legal and to avoid taxes or penalties.

3. Who prepares a QDRO?

A QDRO can be drafted by an attorney or a QDRO preparation service but having an attorney prepare the document it gives you legal protection and helps ensure the order is accepted the first time.

4. Can I just use my divorce decree instead?

No. A divorce decree is not enough. Retirement plans require a separate QDRO to divide the benefits and carry out what the divorce decree says.

5. Which retirement accounts need a QDRO?

QDROs are for employer-sponsored plans like 401(k)s or pensions. IRAs usually do not need a QDRO but may need special wording in your divorce agreement.

6. Will I pay taxes on the money I get through a QDRO as an Alternate Payee?

Usually no, not right away. If you are the Alternate Payee (the spouse who is receiving part of the other spouse’s 401(k) or pension account), your portion of the account will be moved into your own retirement account, and you will avoid taxes until you withdraw the money. If you take cash out, taxes and penalties may apply unless you follow certain rules.

7. How long does it take to get a QDRO done?

Cummings & Cummings can draft a QDRO within 3 business days. Other providers can take anywhere from a few weeks to a few months. Once your attorney receives court approval of the QDRO, then you will need to send the document to the plan administrator who then reviews, approves and divides the account.

8. What happens if the QDRO is rejected by the plan?

If the QDRO is not written correctly, the plan will reject it. You may have to revise and resubmit it. This causes delays and can lead to legal or financial problems. This is one more reason to work with Cummings & Cummings to ensure correct documents the first time.

9. Can I get my share of the retirement account right after divorce?

Not immediately. You usually need to wait until the QDRO is approved by the plan and processed. After that, the funds can be transferred or paid out according to the order.

10. What if we agree not to split the retirement plan?

If both sides agree to not divide a retirement plan account, you do not need a QDRO. But it must be clearly stated in the divorce papers. If it is not addressed, one spouse may later claim a share, leading to legal trouble.

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Get a customized QDRO now.
Takes less than five minutes.
Just click "Get Started."

➡⬅

Still have questions? Schedule a free meeting to discuss.

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Recent Updates

/From the Cummings & Cummings Law Journal

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• How to Properly Allocate Business Acquisition Costs for Tax Purposes by Chad D. Cummings, CPA, Esq.
• Legal Strategies for Mitigating Successor Liability in Asset Transactions by Chad D. Cummings, CPA, Esq.