← Back to workflows
Family Law

Qualified Domestic Relations Order (QDRO)

Preparing a Qualified Domestic Relations Order manually requires extensive research across ERISA regulations, DOL guidelines, IRS publications, and state-specific requirements. Attorneys spend hours cross-referencing divorce decrees with plan documents, ensuring compliance with complex federal standards, and formatting court-ready documents—all while risking costly errors that could delay benefit distribution or result in plan administrator rejection.

Automation ROI

Time savings at a glance

Manual workflow4.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 27.5x time with CaseMark

The Problem

Drafting Qualified Domestic Relations Orders requires extensive knowledge of ERISA regulations, plan-specific requirements, and complex division formulas. Attorneys spend hours researching compliance requirements, coordinating with plan administrators, and ensuring mathematical precision—all while risking rejection if any technical requirement is missed. The complexity and time investment make QDRO preparation one of the most challenging aspects of divorce litigation.

The CaseMark Solution

CaseMark automates QDRO creation by analyzing your divorce documents and retirement plan information to generate fully compliant orders in minutes. Our AI ensures ERISA compliance, applies the correct division methodology for each plan type, and includes all required provisions that plan administrators expect. Get court-ready QDROs that satisfy both judicial and plan administrator requirements on the first submission.

Key benefits

How CaseMark automations transform your workflow

Generate ERISA-compliant QDROs in 12 minutes vs. 5+ hours manually

Automated extraction of party details, plan information, and benefit division terms from divorce documents

Built-in compliance verification against DOL, IRS, and ERISA requirements

Intelligent formatting with proper court captions, definitions, and signature blocks

Reduce plan administrator rejections with standardized, compliant language

What you'll receive

Court Caption and Title
Recitals and Introduction
Definitions
Identification of Parties and Plan
Award and Division of Benefits
Rights and Protections for Alternate Payee
Instructions to Plan Administrator
Compliance and Effective Date
Signatures and Certification

Document requirements

Required

  • Divorce Decree or Judgment
  • Marital Settlement Agreement
  • Retirement Plan Summary

Optional

  • Plan Administrator QDRO Procedures
  • Benefit Statements
  • Previous Court Orders

Perfect for

Family law attorneys handling divorce cases with retirement assets
Solo practitioners managing high-asset divorce matters
Legal document preparers specializing in family law
Law firms with family law departments requiring QDRO expertise
Paralegals responsible for QDRO preparation and filing

Also useful for

This workflow is applicable across multiple practice areas and use cases

Estate Planning78% relevant

Estate planning attorneys need QDROs when structuring retirement asset distributions in estate plans involving divorced clients or when beneficiary designations conflict with divorce settlements.

QDROs directly impact estate planning for divorced individuals, as retirement benefits must be properly divided and designated to comply with both divorce orders and estate planning objectives.

Employment litigation attorneys handling executive compensation disputes or wrongful termination cases may need QDROs when divorce proceedings intersect with employment-related retirement benefit claims.

Employment litigation often involves retirement benefits and pension rights, particularly in high-level executive disputes where marital dissolution affects ERISA-governed plans.

Financial Services65% relevant

Financial services attorneys advising plan administrators and retirement plan sponsors need to review and approve QDROs for ERISA compliance before implementing benefit divisions.

Plan administrators and financial institutions must verify QDRO compliance with ERISA, DOL, and IRS requirements before executing retirement benefit divisions, making this workflow valuable for regulatory compliance review.

Frequently asked questions

Q

What documents do I need to generate a QDRO?

A

You'll need your divorce decree or settlement agreement showing the retirement benefit division terms, and information about the specific retirement plan (plan name, type, and administrator details). If available, upload any model QDRO procedures from the plan administrator and recent benefit statements. CaseMark will extract all necessary information from these documents to draft a compliant order.

Q

How does CaseMark ensure my QDRO complies with ERISA requirements?

A

CaseMark's AI is trained on ERISA Section 206(d)(3), IRC Section 414(p), and Department of Labor regulations governing QDROs. The system automatically includes all required certifications, ensures the order doesn't require increased benefits or unauthorized payment forms, and structures the division methodology according to the specific plan type. Every generated QDRO includes compliance statements and proper legal citations.

Q

Can CaseMark handle different types of retirement plans?

A

Yes, CaseMark adapts to both defined contribution plans (401(k), 403(b), profit-sharing) and defined benefit pension plans. The system applies the appropriate division methodology for each plan type, whether that's percentage-of-account for defined contribution plans or shared payment/separate interest approaches for pensions. The AI also handles coverture fractions for dividing marital portions of benefits.

Q

Will the plan administrator accept a QDRO generated by CaseMark?

A

CaseMark generates QDROs with all standard provisions that plan administrators require, including proper party identification, precise division formulas, and clear implementation directives. If you upload the plan's model QDRO or specific procedures, the system incorporates those requirements. The comprehensive format and ERISA compliance significantly increase first-submission acceptance rates.

Q

How long does it take to create a QDRO with CaseMark?

A

Most QDROs are generated in approximately 12 minutes after uploading your documents. This includes document analysis, information extraction, legal research verification, and final document assembly. Compare this to the 4-5 hours typically required for manual QDRO drafting, research, and revision.