General Statement for Attorneys

     The use of QDRO Virginia, PLC by your law firm for assisting in the division of retirement plans involves a number of factors. However, the following questions can assist you with that decision:

* At your initial consultation, can you explain to your client the specific benefits available under both parties’ retirement plans?
* At your initial consultation, do you request the client to provide all applicable documents regarding their own retirement plan(s)?
* Following your initial consultation with your client, do you request all applicable documents from the opposing party regarding his/her retirement plan?
* Do you use language in your subpoena duces tecums to include the provision of documents related to qualified and non-qualified retirement plans?
* If retirement plans are being waived, do you analyze the monetary benefits that your client will lose if the retirement benefits are being waived?
* Are you aware that a coverture formula is not applicable to a defined contribution plan;
* Are you aware that gains and/or losses do not apply to defined benefit plans?
* Are you aware of the survivorship benefits available under defined benefit plans?
* Do you know the difference between a separate interest and shared interest QDRO?
* If there is a separate interest in a defined contribution plan, are you aware that a specific dollar amount or lesser  percentage must be utilized in order to take into consideration the separate interest?
* Are you aware that the use of the phrase “50% of the marital share” in a property settlement agreement and/or final decree of divorce does not include any of the additional benefits that are available under a particular retirement plan?
* Do you draft property settlement agreements that include or exclude any additional retirement plan benefits that are available to a client?
* Are you aware that courts have no specific knowledge of the additional benefits under a particular benefit plan when trying a case?
* Are you familiar with Virginia case law and federal law dealing with the division of retirement plans in divorce?
* Do you have to either litigate or re-negotiate the terms of a retirement order after a property settlement agreement is executed or a court has issued its opinion?
* Are you aware of the limitation of § 20-107.3(K) to modify or amend an existing retirement plan order?
* Have you ever used an expert witness to testify about the additional benefits available under a particular retirement plan in order for your client to be awarded more than “50% of the marital share”?
* How frequently are your retirement orders entered at the same time as the Final Decree of Divorce?
* How frequently are your retirement plans not qualified by the plan administrator?
* Do you have a system in place to follow through with all of the administrative requirements to ensure that your retirement orders are approved by the plan administrator?

     Ms. Shaner is willing to meet with you individually to further discuss the services that she can provide for your domestic relations practice.  Further, Ms. Shaner is willing to meet with you and your clients at your office at your convenience.  For those of you who are not familiar with Ms. Shaner’s qualifications in this area of the law, her Curriculum Vitae is located on the About Ms. Shaner tab.

     She looks forward to establishing a professional relationship with you and your firm and hope that you will seriously consider using her services in the complex area of dividing the parties’ retirement plan assets in a divorce.  The use of QDRO Virginia, PLC can both be cost effective for your clients and reduce the stress caused by having to deal with this very specialized area of divorce law.