Do It Yourself QDRO
Yes, you can prepare a QDRO yourself. Here is how the process works from start to finish, and what to check along the way.
Yes, you can file a QDRO yourself. The plan judges the order by federal law and its own procedures, not by who wrote it. The work is getting the plan's rules, matching the order to the settlement, and getting it through the court and the plan.
Fidelity's QDRO Center page says it plainly: the parties or their representative "may draft your own customized domestic relations order" (Fidelity QDRO Center). Other plans say much the same thing in their procedures. So the question is less "am I allowed" and more "what does it take." This page walks through the steps and the points to check. It describes the process, not what to do in your case.
The steps, start to finish
- Find the plan's exact name and who runs it. The Summary Plan Description names the plan and the plan administrator. The participant's statement usually shows the recordkeeper. List every plan being divided, and check whether each plan's procedures require a separate order.
- Get the plan's QDRO procedures and any model order. Plans covered by the federal QDRO rules must have written procedures for deciding whether an order is a QDRO (DOL QDRO booklet, Q 2-3). Ask the plan administrator for them. Some recordkeepers keep them online. See sample QDRO language for where to look and what to check.
- Read the settlement's retirement terms. Write down exactly what it says: the percentage or dollar amount, the date it is measured on, gains and losses, loans, survivor benefits on a pension, and who pays any plan fee. Those terms are what the order has to carry out.
- Draft the order. Use the plan's model or follow its procedures. Every choice in the order should match the settlement, and every term should be something the plan offers.
- Send the draft for pre-approval, if the plan offers it. Some plans review a draft before the judge signs it. Others review only the signed order. The procedures say which.
- Have the order entered by the court. The QDRO is a court order in the divorce case, so it has to be signed by the judge. How that works depends on the court. If there is an attorney in the case, the attorney usually handles this step.
- Send the plan a certified copy. The plan reviews the signed order and sends a written decision. What happens after the order qualifies is set by that plan's procedures.
What to check
These are the points to check before submitting. Each one comes from drafting without the plan's procedures in hand, or without checking a term against the settlement.
- The wrong plan name. The order has to name the plan exactly. A company can sponsor several plans with similar names, and an order that names the wrong one may have to be corrected.
- One order for two plans. A 401(k) and a pension from the same employer are two plans with two sets of rules. Check whether each plan's procedures require a separate order.
- Silence on gains and losses. Check that the order states the agreement's terms on investment gains and losses until the share is split off, and that it follows the plan's procedures. See gains and losses in a QDRO.
- An unclear valuation date. A vague date like "as of the divorce" may need to be corrected. Check that the order states a specific date that matches the agreement.
- Loans left out. Plans treat outstanding loans differently. The order should say whether a loan is counted in the balance being divided.
- Missing survivor terms on a pension. Check the agreement's survivor terms against the plan's procedures, and make sure the order carries them.
- A payment the plan does not offer. A QDRO cannot require a form of benefit the plan does not provide, or increase the benefit. An order that asks for one is likely to be rejected.
- An order that does not match the settlement. The plan reviews the order against its procedures and federal law. Checking it against the settlement is the drafter's job.
How long it takes, and plan fees
Review time depends on the plan and on how complete the order is. As one example, Fidelity's page says orders built in its QDRO Center are typically reviewed within 10 business days for defined contribution plans and 15 business days for defined benefit plans, and a self-drafted order that meets the requirements is typically reviewed within 60 business days (Fidelity QDRO Center). Other plans publish other times, and some publish none.
Some plans charge a fee to review the order. The Department of Labor has said that in a defined contribution plan, the administrator may charge reasonable QDRO review expenses to the participant's account (DOL QDRO booklet, Q 2-6). The plan's procedures say whether there is a fee and how much.
The other option: a flat fee
If you would rather not draft it, TOVA prepares a standard QDRO for a $700 flat project fee. Standard plans include 401(k), private 403(b), profit-sharing and private pension plans. That covers the settlement-language review, drafting to the plan's procedures, pre-approval where the plan offers it, and revisions for the plan's comments. One QDRO is a standalone order, with no obligation to use us for anything else. See the QDRO cost guide for what is flat and what is quoted.
We are not a law firm and we do not file with the court. We prepare the order and, where the plan offers it, send it for pre-approval. Counsel or the parties take it to the court and send the signed, certified copy to the plan.
Do it yourself QDRO questions, answered
Can I get a QDRO without an attorney?
The plan does not require an attorney to draft the order. The order still has to be entered by the court in the divorce case, and the court process depends on where the case is.
How do I get a QDRO done?
Get the plan's procedures, draft the order to match the settlement and the plan's rules, send it for pre-approval if the plan offers it, have it entered by the court, send the plan a certified copy and wait for the written decision.
Does the plan charge a fee to review a QDRO?
Some plans do. The plan's procedures say whether there is a fee and how much.
Would you rather hand it off?
Send the plan name, the most recent statement and the retirement section of the agreement. We confirm the scope and fee in writing before work begins.
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