Close

Articles Posted in QDRO

Updated:

In a Battle of Acronyms, a QDRO Protects Your Retirement Account from ERISA Preemption (VanderKam v. VanderKam)

By: Dana M. Horlick, Attorney, Woodruff Family Law Group

VanderKam v. VanderKam, 776 F.3d 883 (D.C. Cir. 2015) (a) Facts: Before the parties were divorced, the wife was the death beneficiary of the husband’s retirement plan. The parties were divorced in Texas. Their divorce decree was silent on survivor benefits, but awarded the husband all rights existing because of his employment. After…

Updated:

Make Haste when Entering QDROs; Delay can be Costly (Yale-New Haven v. Nicholls)

By: Dana M. Horlick, Attorney, Woodruff Family Law Group

Yale-New Haven v. Nicholls, 788 F.3d 79 (2d Cir. 2015) (a) Facts: A husband and wife were divorced in Connecticut in 2008. The divorce decree incorporated a settlement agreement, which provided that the husband would transfer to the wife half of the marital share of his retirement benefits. No QDRO was entered…

Updated:

Make sure your beneficiary designations are correct to avoid entanglement between your former spouse and your current spouse. Don’t invite that fight with poor planning!

By Carolyn J. Woodruff, North Carolina Family Law Specialist, JD, CPA, CVA

I.R.C. § 414(p) and 29 U.S.C. § 1056 Morris v. Metropolitan Life Ins. Co., 751 F. Supp. 2d 955 (E.D. Mich. 2010) (a) Facts: When the husband and the wife were divorced, the state court divorce decree extinguished all rights held by one in any life insurance of the other. …

Contact Us