Is speed and accuracy important when getting a Qualified Domestic Relations order?

In Samaroo v. Samaroo, 193 F.3d 185 (3d Cir. 1999), the 3rd Circuit Court of Appeals found that a QDRO entered after the death of the qualified participant that granted his former wife survivor benefits was not valid. The outcome of that decision was that Mr. Samaroo's second wife received all of Mr. Samaroo's benefits when he died, while the first Mrs. Samaroo got nothing, despite the fact that her Marital Settlement Agreement and Final Judgment granted her a portion of the retirement account.

One moral of this story is that where an event such as death or retirement triggers payment of benefits, a QDRO entered after the date of that triggering event cannot reverse that triggering event, and benefits that have vested in a third party likely will be lost. Had Ms. Samaroo's attorney taken action to (1) properly secure her benefits and lay out a course of action for having a QDRO entered; and (2) referred Ms. Samaroo to the proper QDRO attorney to get the job done, this case probably would not exist.

Another moral of this story is that when you do not properly deal with QDROs and similar orders in your cases, your clients are often left vulnerable. As attorneys, we try to avoid that 1 out of 100 situation where an appeal or a malpractice case might ensue, so why wouldn't you take every action possible to make sure that your client gets the benefits to which they are entitled?

Finally, do not be a liability to yourself. Who do you think Ms. Samaroo blamed for her predicament? When your client's expectations are not met, they probably won't refer cases to you. If your client loses money because you or the person you chose to prepare the QDRO attorney was slow or imprecise, you may have an even larger problem.So whether your a layman or an attorney, contact our firm to prepare your Qualified Domestic Relations Orders. We provide prompt precise action.