The Divorce Decree: Where QDRO Malpractice is Born
Do you agonize over the language in your QDRO?
Research suggests you should agonize even more over the retirement language in your Divorce Decree!
Sometimes We Forget . . .
The division of retirement does not begin with the QDRO . . . The division of retirement begins with a properly drafted Divorce Decree.
According to proprietary research commissioned by the Hernsberger Law Firm, the number one allegation raised in post-divorce QDRO disputes is this: the QDRO violates Tex.Fam.Code §9.007 because it amends, modifies, alters, or changes the division of property contained in the Divorce Decree.
An Example of Decree Variance . . .
Consider this simple example. The Decree awards Wife 50% of Husband's military retirement and is silent with respect to any survivor benefits. The QDRO awards Wife 50% of Husband's military retirement and full survivor benefit protection. Both attorneys approve the QDRO as to form. The Judge signs the Decree and the QDRO. DFAS approves the QDRO. Husband remarries and wants to name his new wife as survivor beneficiary. Years later, shortly before he is scheduled to retire, Husband files suit to vacate the QDRO because the survivor benefit terms of the QDRO substantively change the terms of division contained in the Divorce Decree.
If Husband's allegation proves true, the QDRO is a void judgment because it is beyond the power of the court and is unenforceable (Tex.Fam.Code §9.007(b)). Both the client and the attorney are at risk.
Decree Variance is just one of many malpractice landmines the divorce attorney must navigate in preparing a QDRO. The good news is that there is an antidote to Decree Variance.
The Antidote to Decree Variance . . .
We've found a way for you to eliminate the malpractice risk of Decree Variance and make QDROs work better in your law office.
Every QDRO you order from us now comes with custom drafted Decree language. We call it the magic of QDRO-Decree Mirror Language™.
Some of our attorney clients call it the Decree Variance Buster.
The idea is simple.
We draft your QDRO + We draft the retirement language for your Decree . . . AND THE LANGUAGE IN THE DECREE MIRRORS THE LANGUAGE IN THE QDRO!
Poof . . . Your QDRO is bulletproof from allegations of amending, modifying, altering, or changing the terms of the Divorce Decree. Not even a hint of variance.
And that's one more reason you can sleep better tonight.
Call or email us . . . We help make QDROs work better in your law office.