QDRO Questionnaire

Dividing retirement accounts after divorce. Please answer what you can. If a question does not apply, leave it blank. Your answers are confidential.

Step 1 of 7 - Getting Started

Name
This field is for validation purposes and should be left unchanged.
This questionnaire covers Qualified Domestic Relations Orders (QDROs) and the other court orders used to divide retirement accounts after a divorce. It takes about 10 minutes, and your answers are confidential. We prepare these orders for a flat fee, including for divorces that were handled by other firms. Different plans have different rules (military retirement, the federal Thrift Savings Plan, and private plans each use their own system), and your answers tell us which system your account falls under so the order is drafted to be accepted the first time. If you have any questions while completing this form, email us at ginna@theharrisfirmllc.com or call the office nearest you.
Are you the person who owns the retirement account (the Participant), or the person receiving a share (the Alternate Payee)?*
Is your divorce final?*
Preferred Method of Payment (You DO NOT Have to Make a Payment When You Submit the Questionnaire)*
Do you want your documents emailed or mailed to you for your review?
How did you hear about our law firm? Thank you for your feedback.
If a referral, by whom? If other, please tell us.

The Retirement Account
What type of retirement account is being divided?*
If more than one account is being divided, answer for the largest one here and list the others in the last question of this form. Each account needs its own order.
Military retirement pay is divided under its own federal system with its own required order and rules (including the length of the marriage overlapping the service). We prepare the correct order for DFAS, and we will go over those rules at your consultation.
Retirement Systems of Alabama accounts have special rules, and RSA generally does not accept QDROs the way private plans do. There are still ways to address an RSA benefit in a divorce, and we will discuss your options at your consultation.
Good news: an IRA usually does not need a QDRO. It is divided by a transfer incident to divorce through the IRA custodian using your divorce decree. We will prepare what your custodian requires.
The employer and the official plan name, if you know it
The plan name is usually on the account statement, for example 'ABC Company 401(k) Savings Plan.'
The plan administrator's name and contact information, if you have it (for example, Fidelity, Empower, or the company benefits office)
The approximate account balance, or the monthly benefit amount for a pension
Is the Participant already retired and receiving payments from this account?
An account already in pay status is divided differently, so we need to know up front.
Is there an outstanding loan against the account?
Upload a recent account statement (if you have one)
Accepted file types: pdf, jpg, jpeg, png, gif, heic, doc, docx, Max. file size: 50 MB.

A statement confirms the exact plan name and administrator, which helps the order get accepted the first time.

Why a QDRO Matters

When a divorce divides a 401(k) or pension, the divorce decree alone is not enough. Federal law requires a separate court order called a Qualified Domestic Relations Order, or QDRO, before the plan will pay any share to a former spouse. The QDRO is signed by the judge in addition to the divorce decree, then submitted to the retirement plan’s administrator, who reviews and approves it before dividing the account.

The Harris Firm LLC, Alabama QDRO Attorneys

A properly drafted QDRO protects both sides. Done right, the transfer to the former spouse is not taxed at the time of the division, and each person is responsible only for taxes on their own share when they eventually withdraw it. Done wrong, or never done at all, the account owner can end up taxed on money the other spouse received, or the former spouse can lose their share entirely if the participant retires, remarries, or passes away before an order is in place. That is why we encourage clients not to let a QDRO sit unfinished after a divorce.

Different plans have different rules. Military retirement pay is divided by its own type of order under a separate federal system, the federal Thrift Savings Plan has its own required format, and every private plan administrator reviews orders against its own checklist. This questionnaire tells us which system your account falls under so the order is drafted to be accepted the first time.

If your divorce was handled by another firm, that is no problem at all. We prepare QDROs for divorces we did not handle all the time. We just need the divorce papers, the plan information, and the details you provide in this form.

What Happens Next

Submit Your Questionnaire

Our team reviews your answers and contacts you at the phone number and email you provide, usually within one business day. You do not have to make any payment to submit it.

Your Consultation

Call the office nearest you or email ginna@theharrisfirmllc.com to schedule. We prepare these orders for a flat fee, including for divorces handled by other firms. Have your divorce papers and a recent account statement handy, since those two documents drive the drafting.

Drafting, Signing, and Approval

Once you are ready, pay the flat fee online or at any office. We draft the order to match your decree and the plan’s own requirements, the parties and the judge sign it, and we submit it to the plan administrator for approval and division of the account.

Email Our Office
Make a Payment

A Message from the Owner, Steven A. Harris

Steven A. Harris, Owner, The Harris Firm LLC

Thank you for considering our firm for something this important. I am Steven A. Harris, the owner of The Harris Firm LLC. You can learn more about me and my background on my profile page, and you are always welcome to email me directly at stevenharris@theharrisfirmllc.com with any question. Below is a quick guide to what our firm does and the best way to reach the right person for each type of matter, so when you see free phone consultations with me, you know exactly who you will be talking to.

Family Law (Our Attorneys)

Our attorneys handle family law matters across Alabama, including uncontested divorce, contested divorce, child custody, child support, prenuptial and postnuptial agreements, adoptions, and protection from abuse cases. For most family law matters, call the office nearest you to schedule a consultation, since some consultations are free and some require a paid consultation. Uncontested divorce consultations are always free phone consultations with me.

Probate (Our Attorneys)

Our attorneys also handle probate matters, including probate of uncontested estates, small estate summary distributions, name changes, and guardianships and conservatorships. For most probate matters, call the office nearest you to schedule a consultation, since some consultations are free and some require a paid consultation.

Estate Planning and Personal Injury (Steven A. Harris, Owner)

I personally handle all estate planning matters, including wills, trusts, powers of attorney, health care directives and living wills, property deeds, and gift letters. I also personally handle personal injury cases, including vehicle accidents, trucking accidents, wrongful death, and mass tort cases (see our current mass tort case list). For estate planning or an injury case, email me directly and I will schedule a free phone consultation with you.

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