Q. Michelle H. of Louisiana wants to know: "Why is a Properly Drafted QDRO So Important?"
A. Spencer
from the QDRO
Department of Pension Evaluators & QDROS Of Troyan, Inc Associates
Group writes:
"Pension Plans and Retirement Accounts are often one of the most valuable
marital assets in divorce cases. QDROs are complex legal documents. A
technical error by one neophyte drafter or party working with the boilerplate
language used in the QDRO could prove costly- thus resulting in a windfall
for one spouse or a lost benefit for the other. It is imperative that
the QDRO be properly drafted to protect the respective rights of the parties.
Let's not forget the importance of the language in the parties'
marital settlement agreement. Often times the language is so incomplete
otherwise enabling arguments of interpretation to prevail. We suggest
that all language be clear and concise to identify all types of occurrences
and whether or not a potential enhancement is deemed part of the Award.
Troyan suggests
divorcing couples and their legal counsel consult with a competent QDRO
writer to prevent a situation of tension that can be foreseen and prevented."
Spencer Olsen
Senior QDRO Writer