Recent Posts in QDRO Category
Posted on Feb 11, 2015 By Troyan Inc.
Can a QDRO be used to divide the retirement assets in a Same Gender Civil Union Dissolution Action? Generally, a QDRO is appropriate only when an Action (i.e. Complaint for Divorce) for Divorce is ...
Continue reading "Civil Union - Divorce - QDRO" »
Posted on Aug 27, 2013 By Troyan Inc.
A properly prepared Court Order Acceptable for Processing ("COAP") must be filed with Office of Personnel Management("OPM") within a very specific period of time. Strict rules ...
Continue reading "Federal Employee: Does a Former Spouse lose his/her survivor benefits as a result of divorce?" »
Posted on Aug 1, 2013 By Troyan Inc.
The cost of drafting a QDRO and submitting it to the plan administrator for approval/qualification may be considered tax deductible. Note: Each indivudal's personal situation is different, please ...
Continue reading "Is the cost of a QDRO tax deductible?" »
Posted on Apr 10, 2013 By Troyan Inc.
One of our most common questions... May a Qualified Domestic Relations Order be entered (signed by a Judge and Qualified by the Plan) after the Participant Retires? Absolutely, Yes. Some limitations ...
Continue reading "Can a QDRO be entered AFTER Retirement?" »
Posted on Nov 29, 2012 By Troyan Inc.
The Florida Bar which is a mandatory association in Florida for all attorneys has opined (see Advisory Opinion MEAC 2007-005) that, "The Florida Bar considers the preparation of a QDRO to be ...
Continue reading "Florida Unauthorized Practice of Law - QDRO" »
Posted on Oct 18, 2012 By Troyan Inc.
Can an Alternate Payee ("AP") receive an immediate cash distribution from a Defined Contribution Pension? Generally, an immediate Cash distribution can be made to an AP. However, a mandatory ...
Continue reading "Immediate Ca$h To The Alternate Payee From A QDRO" »
Posted on Mar 27, 2012 By Troyan Inc.
This answer is more complex than my reply at Blog #11. However, if a proper procedure is followed, Troyan believes it is possible in most jurisdictions to obtain a posthumous Joint and Survivor ...
Continue reading "Adding a Joint and Survivor Annuity subsequent to death?" »
Posted on Mar 19, 2012 By Troyan Inc.
The answer depends of the specifics of each matter. Clearly, there are circumstances that permit a “posthumous” Order. The fact that the employee or retiree has died should not in itself ...
Continue reading "What is the possibility of a "posthumous" Domestic Relations Order?" »
Posted on Mar 8, 2012 By Troyan Inc.
Yes, legal fees incurred incident to a divorce can be paid in full from the participant’s TSP. This is also true for military participant’s in the TSP
Continue reading "Can legal fees be paid from the Thrift Saving Plan?" »
Posted on Mar 7, 2012 By Troyan Inc.
Not always. Recall, O.P.M. does not review draft Court Orders Acceptable for Processing (COAP). If an attorney fails for any valid reason to properly interpret the complex provisions relating to a ...
Continue reading "Is it Safe to follow O.P.M. Divorce Guidelines?" »
Posted on Mar 6, 2012 By Troyan Inc.
This view is correct for all Federal Employees Retirement System employees and many Civil Service Retirement System Employees. The source of the direct payment to an attorney for legal fees resulting ...
Continue reading "Attorney Fees can be paid from Federal Plans." »
Posted on Mar 5, 2012 By Troyan Inc.
A Judgment of Divorce creates the Alternate Payee's right to Pension and Survivor Benefits A Qualified Domestic Relations Order is the instrument to enforce the rights of an Alternate Payee that ...
Continue reading "What is the difference between Property Settlement Agreement and a Judgment of Divorce?" »
Posted on Mar 2, 2012 By Troyan Inc.
Military Survivor Benefit Plan. A common concern of a divorcing member is her or his ability to name a future spouse as a Survivor Beneficiary. Is it possible under the Military Survivor Benefit Plan ...
Continue reading "Naming Subsequent Surviving Spouse in Military Survivor Benefit Plan." »
Posted on Mar 1, 2012 By Troyan Inc.
Answer: No. There is a significant difference. CSRS is limited to a maximum Survivor Benefit of 55% of the decedent's basic pay at the time of death. The FERS benefit is considerably greater. ...
Continue reading "Are Civil Service Retirement System death benefits the same as Federal Employees Retirement System death benefits?" »
Posted on Feb 29, 2012 By Troyan Inc.
If a QDRO is to be entered against a Participant's Defined Benefit Pension Plan; and an award of survivor benefits or a separate interest is to be awarded the failure to have a QDRO in place prior ...
Continue reading "Why is it important to enter a QDRO prior to Divorce?" »
Posted on Feb 28, 2012 By Troyan Inc.
Many of our clients are interested to learn if a QDRO is required to divide an Individual Retirement Account. You should look to IRS Code 408(d)(6). Troyan can prepare the functional equivalent of a ...
Continue reading "Is a QDRO required to transfer an IRA?" »
Posted on Feb 17, 2012 By Troyan Inc.
We are pleased to announce the launch of our Qualified Domestic Relations Orders and Pension Evaluation Blog. You can subscribe to our RSS feed by clicking here.
Continue reading "Welcome to our Blog" »