Can You File a QDRO Without an Attorney?

At Pension Evaluators® & QDROs of Troyan Inc® & Associates Group, we are aware many people have the misconception that only a licensed attorney can file, draft, or review a qualified domestic relations order (QDRO). While lawyers frequently perform these tasks, they are not the only professionals trained, equipped, or allowed to do so. 

Technically, anyone can develop and file their own QDRO, so long as it adheres to retirement plan guidelines and provisions in the Employee Retirement Income Security Act (ERISA). Of course, accomplishing these things is complicated. That is why you should always turn to a legal service expert—whether they are an attorney or another professional—for anything concerning QDROs. 

The Actuarial Standards Board’s (ASB) View on Actuaries & QDROs

The ASB’s Actuarial Standard of Practice No. 34 Revision outlines the scope of an actuary’s role in reviewing and implementing a domestic relations order (DRO). 

According to the board, actuaries may:

• Offer counsel for methods of dividing retirement benefits among covered parties and their spouses
• Draft court orders that detail how parties want to divide retirement benefits 
• Review an order to determine whether it conflicts with a retirement plan’s administrative provisions or procedures
• Help determine the benefit amount that spouses and covered parties should be paid according to the retirement plan provisions

These actions underscore the fact that not only are actuaries capable of handling QDROs, but they are also an invaluable resource for attorneys and other family law practitioners. Actuarial professionals can serve as guides and safeguards, helping those representing clients involved in divorce and family law disputes meet the many challenges of QDROs. 

How Actuarial Expert Can Help You

As a family law practitioner, you may be wary of QDROs because of their complexity and liability risks. The good news is you do not have to be a QDRO expert to provide clients with the solutions they need when dividing retirement benefits. In fact, by working with a QDRO consulting firm like ours, you can avoid pitfalls in the QDRO drafting and review process and put your time and energy into doing other things to benefit your client. 

Before reaching the lattermost “filing” step, retaining an actuarial professional is advantageous. They can help you gather essential retirement plan information during discovery, synthesize documents and records, and draft an order that adheres to your client’s specifications and plan’s provisions. Having an order prepared before a hearing for divorce or another family law matter can demystify retirement benefits division and give you and your client peace of mind. 

It is important to note that you should provide prospective clients with a retainer agreement that states you may use a trusted partner for QDRO preparation. This is standard practice, as countless family law professionals nationwide rely on actuarial services for QDROs. To many in the field, the potential costs of an incorrect order and the risk of malpractice far outweigh the savings of attempting to draft an order in-house. 

Our QDRO Services 

For decades, we have offered comprehensive QDRO services for attorneys, mediators, plan administrators, and others. We have served hundreds of thousands of clients, drafted 12,000+ domestic relations orders, and maintain certifications from actuarial organizations. We are proud to be one of the largest QDRO consulting firms in the country. 

People in all 50 states can turn to us for prompt and compliant drafting and review. Plus, we have simplified handling QDROs with our affordable and easy-to-use ACCUQDRO® service, which provides an individualized QDRO in as little as three business days.

Client Testimonials 

We can describe our timely and convenient services at length, but why not take from people who have counted on us in the past? These experiences affirm our commitment to providing high-quality and legally compliant QDRO solutions.