Drafting QDROs Presents Challenges for Divorce Attorneys

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Drafting QDROs Presents Challenges for Divorce Attorneys

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Massachusetts divorce lawyer Jason V. Owens reviews the challenges faced by attorneys drafting Qualified Domestic Relations Orders (QDROs).

Massachusetts divorce lawyer and MA family law lawyer. Lynch & Owens are Massachusetts divorce lawyers and family law attorneys - divorce lawyers and family law lawyers in MA.

Attorney Jason V. Owens

Michael Foley of the Boston Bar Association has a concise review of the many elements divorce attorneys must consider when drafting Qualified Domestic Relations Orders (QDROs) in the latest addition of the Boston Bar Association’s Family Law Newsletter. Drafting QDROs is a specialized skill, which is why many attorneys utilize QDRO specialists to prepare the final instrument. Not only do QDRO specialists prepare quality legal instruments, they are often a more cost-effective option for clients, since an experienced QDRO specialist can typically prepare a QDRO in less time than it would take the divorce attorney.

As Foley makes clear, preparing the QDRO is the last step in a multi-pronged process. The first order of business in every case is drafting settlement language for the separation agreement that explains exactly what the QDRO should say:

Retirement assets can be complex, and having explicit language can assist in avoiding further debate on how a plan is to be divided pursuant to a divorce agreement. Defined benefit plans, such as pensions, may offer survivor benefits, a shared or separate interest division, and cost-of-living adjustments (COLAs), amongst other components.

Depending on what asset is being divided, it sometimes makes sense for a divorce attorney to consult with a QDRO specialist while drafting a separation agreement – to ensure that the divorce agreement specifies exactly what the QDRO needs to say and do.

About the Author: Jason V. Owens is a Massachusetts divorce lawyer and Massachusetts family law attorney for Lynch & Owens, located in Hingham, Massachusetts.

Schedule a free consultation with Jason V. Owens today at (781) 741-5000 or send him an email:

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact our office. Contacting the office does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established. This blog is considered an advertisement for The Law Office of Lynch & Owens, P.C. The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the Commonwealth. Generally, legal websites and any other content published on the internet by lawyers are considered a type of communication and an advertisement, according to the Comments to Rule 7.2.

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By | 2017-03-28T07:12:50+00:00 January 14th, 2016|Categories: Division of Assets, Divorce, Family Law, Updates|Tags: , , |Comments Off on Drafting QDROs Presents Challenges for Divorce Attorneys

About the Author:

Jason V. Owens is a Partner and Senior Counsel at Lynch & Owens, and is a frequent contributor to the Lynch & Owens Blog on subjects including Massachusetts divorce, child custody and support, domestic violence, equity and estates litigation, and complex financial probate and family litigation. Attorney Owens can be reached by phone at (781) 741-5000 or email [email protected], or visit his bio page under https://lynchowens.com/attorneys/.