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Overview
Practical Insights for Dividing Interests in Retirement Plans
For many Americans, retirement savings represent one of the most significant assets - so it's important to know the ins and outs of QDROs in divorce. Join our experienced faculty as they discuss key considerations, best practices, and common mistakes to avoid when handling QDROs and other orders for dividing interests in retirement plans. Gain a better understanding and help your clients with one of the most essential components of asset division in divorce - register today!
- Discuss and review early QDRO actions such as investigating assets with discovery and working with experts.
- Know the differences between defined benefit and defined contribution plans.
- Gain key insight on dividing retirement benefits through QDROs.
- Get familiar with some of the most prominent asset transfer complications.
- Avoid some of the most common QDRO mistakes that can trip up novices and experts alike.
Abbreviated Agenda
- Early QDRO Actions
- Mechanics of Defined Benefit vs. Defined Contribution Plans and QDROs
- Practical Considerations and Steps for Dividing Retirement Benefits Through QDROs
- Dividing Non-Qualified Plans
- Asset Transfer Complications
- Common QDRO Mistakes
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
6 Total | 03-05-2026 |
| Arizona CLE |
|
6 Total | 03-05-2026 |
| California CLE |
|
6 Total | 03-05-2026 |
| Colorado CLE |
|
7 Total | 12-31-2026 |
| Connecticut CLE |
|
6 Total | 03-05-2026 |
| Delaware CLE |
|
6 Total | 03-05-2026 |
| Hawaii CLE |
|
6 Total | 03-05-2026 |
| Idaho CLE |
|
6 Total | |
| Illinois CLE |
|
6 Total | 03-04-2026 |
| Maine CLE |
|
6 Total | 03-04-2026 |
| Minnesota CLE |
|
6 Total | 03-05-2026 |
| Missouri CLE |
|
6 Total | 03-05-2026 |
| Northern Mariana Islands CLE |
|
6 Total | 03-05-2026 |
| Montana CLE |
|
6 Total | 03-05-2027 |
| North Dakota CLE |
|
6 Total | 03-05-2027 |
| Nebraska CLE |
|
6 Total | 03-05-2026 |
| New Hampshire CLE |
|
6 Total | 03-05-2027 |
| New Mexico CLE |
|
6 Total | 03-05-2026 |
| Nevada CLE |
|
6 Total | 03-05-2027 |
| New York CLE |
|
7 Total | 03-05-2027 |
| Oklahoma CLE |
|
7 Total | 03-05-2026 |
| Oregon CLE |
|
6 Total | 03-05-2027 |
| Pennsylvania CLE |
|
6 Total | 03-05-2026 |
| Rhode Island CLE |
|
6 Total | |
| Vermont CLE |
|
6 Total | 03-05-2026 |
| Washington CLE |
|
6 Total | 03-04-2029 |
| Wisconsin CLE |
|
7 Total | 12-31-2025 |
| West Virginia CLE |
|
7.2 Total | 03-05-2026 |
Select Jurisdiction
CLE
Agenda
-
Early QDRO Actions
- Reviewing Definitions
- Discovery Issues
- Working With the Plan Administrator
- Comprehending Plan Guidelines
- Distribution of Plan Benefits and Key Tax Implications
- Degrees of Independence Post-Split
- When to Contact an Expert
-
Mechanics of Defined Benefit vs. Defined Contribution Plans and QDROs
-
Practical Considerations and Steps for Dividing Retirement Benefits Through QDROs
- Accrued Benefit and Coverture
- Separate Interest vs. Shared Interest
- Alternate Payee Payment Options
- Marital Portion Determination
- Subsidized Benefits and Cash Balance Plans
- Getting QDRO Pre-Approval
- Qualifying and Executing DROs
-
Dividing Non-Qualified Plans
- Federal, State, and Local Government Plans
- Military Pension Plans
- 403(b), 457(b), 457(f) Plans
- Excess Benefit Plans (EBP) and Top-Hat Plans (THP)
- Supplemental Executive Retirement Plans (SERPs)
- Non-Qualified Deferred Compensation Plans
-
Asset Transfer Complications
- QDROs for Pension vs. QDROs for 401K Plans
- Limits for Defined Benefit Plans and Other Concerns
- Transferring Social Security Benefits
- Annuity Transfer Rules
- Tax Consequences
-
Common QDRO Mistakes
- Failing to Use Appropriate and Explicit QDRO Language
- Trying to Divide Non-Divisible Plans
- Not Addressing Gains/Earnings and Losses in Defined Contribution Plans
- Neglecting to Address Surviving Spouse Issues
- Mishandling the Equalization of Multiple Plans
- Ignoring Loan Balances
Who Should Attend
This program is designed for attorneys. Accountants, human resource professionals, and paralegals may also benefit.
Speakers
Speaker bio
Carolyn M. Grimes
is a partner in the law firm of Wade Grimes Friedman Meinken & Leischner PLLC, where she practices in the areas of domestic relations law, family law, child custody, premarital agreements, divorce, post-divorce, retirement issues and qualified domestic relations orders. She has lectured for the Virginia State Bar, Alexandria Bar Association, Loudoun County Bar Association and other groups on many topics, including QDRO's, retirement issues, custody, updates to the law, and health-care coverage issues in domestic relations. Ms. Grimes earned her B.A. degree from Johns Hopkins University; her J.D. degree from Antonin Scalia Law School, George Mason University; and her graduate law certificate in employee benefits' law from Georgetown University School of Law. Ms. Grimes is a member of the Alexandria, Fairfax (Family Law Committee) and American bar associations; the Virginia State Bar (Bar Council); and the Northern Virginia Women Attorneys Association.
Speaker bio
Brandon Tyson
is a sole practitioner with the Tyson Law Firm, LLC. He practices primarily in the areas of family law, collaborative family law, probate, guardianships, estate planning, and appeals. Mr. Tyson regularly assists other family law practitioners with the preparations of QDRO's, military retired pay division orders and other appropriate court orders to divide Individual retirement accounts, municipal retirement plans, government pensions and retirement accounts. He earned his undergraduate degree, summa cum laude, from the University of Central Florida and his J.D. degree, with honors, from the Fredric G. Levin School of Law at the University of Florida in Gainesville. Mr. Tyson is a licensed CPA and passed all four parts of the CPA exam on the first try. He is a member of The Florida Bar and has successfully represented clients in the District Court of Appeals for the State of Florida.
Speaker bio
Holly Baum
is a sole practitioner maintaining an office in Buffalo, New York. Since 1995 she has focused her practice in the area of divorce, legal separation and the division of retirement benefits, having spent over six years in the area of employee benefits and ERISA after graduating from law school. Ms. Baum has lectured on the topic of divorce and retirement benefits as part of CLE programs sponsored by the Bar Association of Erie County (BAEC) and by the Women's Bar Association of the State of New York (WBASNY). She has taught in the Graduate Tax Certificate Program at the University of Buffalo School of Management and as an adjunct faculty at the University of Buffalo School of Law. Ms. Baum consults with matrimonial attorneys and divorce mediators with respect to all aspects of dividing retirement assets, including the appropriate language to be included in settlement agreements. Representing thousands of clients during her career, she also has extensive experience preparing, reviewing and negotiating QDROs and QDRO-like orders for a wide variety of both private employers' retirement benefit plans and governmental retirement plans (state and federal, as well as military benefits). Referred to by her colleagues as the "QDRO Queen," Ms. Baum earned her B.A. degree from the State University of New York at Binghamton (now Binghamton University), and her M.A. and a J.D, cum laude, from the State University of New York at Buffalo. In addition, she has completed a 40 hour training in divorce and family mediation through the Upstate New York Mediation Training Institute. A longtime member of the BAEC and WBASNY, Ms. Baum has served on numerous committees of both bar associations, and as president of the Western New York Chapter of WBASNY. She has received the Pro Bono Award from the Volunteer Lawyers Project, Inc. of the BAEC, and she has been included in New York Super Lawyers, Who's Who in American Woman, Who's Who in American Law, and the Buffalo Law Journal, Business First "Who's Who." In 2022 Ms. Baum received the M. Dolores Denman Lady Justice Award, the highest honor bestowed by the Western New York Chapter of WBASNY at its annual Installation and Awards Dinner.
Speaker bio
Jason Kotlyarov
focuses his practice on providing full-service representation to employee benefit plans, including multiemployer retirement plans, health and welfare plans and apprenticeship plans. Mr. Kotlyarov assists plans with subrogation matters, service provider requests for proposals ("RFPs") and transitions, prohibited transaction evaluation and exemptions, compliance with applicable laws and regulations (including the Employee Retirement Income Security Act ["ERISA"] Health Insurance Portability and Accountability Act ["HIPAA"], Families First Coronavirus Response Act ["FFCRA"], Affordable Care Act ["ACA"], etc.), cybersecurity related matters, amendment drafting and implementation, regulatory compliance, delinquent contribution collection, qualified domestic relations order ("QDRO") evaluation and processing, litigation and more. Additionally, he performs policy and plan audits for multiemployer plans to ensure that policies, procedures, standards and plan documents are compliant with applicable regulations and are both practical and reflective of the respective plans' operations and needs. Mr. Kotlyarov has experience working with single employer benefit plans, public plans, and others. In addition, he advises other attorneys and investment advisers on ERISA and employee benefits-related matters. He also regularly trains trustees and others on issues involving ERISA and HIPAA. Mr. Kotlyarov earned his B.S. degree from University of Missouri, and his J.D. and LL.M. degrees from University of Missouri Kansas City School of Law.
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