Qualified Domestic Relations Orders: Strategy and Liability for the Family Law Attorney

This gap-filling practice guide for handling and protecting retirement benefits in marital dissolutions stresses proper representation and negotiation techniques.
Publisher: Matthew Bender

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Print Book:1 volume, softbound
2022 Edition
ISBN: 9781663348104
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2022 Edition
ISBN: 9781663348111
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2022 Edition
ISBN: 9781663348111
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Product description

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While many family law attorneys outsource preparation of QDROs to other professionals, the attorney still requires guidance on how to best protect his client's interests. Author Raymond S. Dietrich provides a tightly focused analysis, the necessary information and the strategies critical to properly positioning a case.

Effective strategies in negotiating settlement of interests in retirement benefits are poorly understood partly because many family law attorneys send the task out to a specialist, use a form book to draft a QDRO or accept the pension plan administrator's offer of the "standard provisions." This book provides a succinct education regarding the structure of many pension plans, alerts the practitioner to unknown contingencies, empowers the attorney with negotiating strategies and warns of potential attorney liability.

QDRO Strategy and Liability complements all state-specific and national dissolution practice sets and online family law menus in the handling of retirement benefits, one of the most common and important assets in marital dissolution proceedings. This top-of-the-line coverage is a necessary addition for all family law attorneys handling significant asset cases, as well as forensic CPAs and pension plan administrators.

A Table of Cases, a Table of Statutes and an Index complement the synopses at the beginning of each chapter to make analysis and authority easy to find.

The 2021 edition ISBN is 9781663322975.

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Table of contents

Chapter 1 Operation of Law 
Chapter 2 Trend in QDRO Case Law
Chapter 3 Avoiding Malpractice Strategy
Chapter 4 Governance of QDROs
Chapter 5 Impact of the 2006 Pension Protection Act (“PPA”) on the Assignment of Benefits in Divorce
Chapter 6 Plan Administrator Strategy
Chapter 7 Plan-Based Strategy
Chapter 8 Benefit-Based Strategy
Chapter 9 State Plan Strategy
Chapter 10 Duration of Benefit Strategy: Separate or Shared Interest
Chapter 11 Time Rule/Coverture Strategy: Amount of the Award
Chapter 12 Social Security Offset Strategy
Chapter 13 Nunc Pro Tunc Strategy
Chapter 14 Present Value Strategy: The QDRO Alternative
Chapter 15 Community Property Strategy
Chapter 16 Stock Option Strategy
Chapter 17 QDRO Taxation Strategy
Chapter 18 Military Retired Pay Strategy
Chapter 19 Federal Retirement Plan Strategy
Chapter 20 Railroad Retirement Strategy
Chapter 21 QDRO Appeal Strategy
Appendix A ERISA § 206
Appendix B ERISA § 404
Appendix C Internal Revenue Code § 414(p)
Appendix D Internal Revenue Code § 401
Table of Cases
Table of Statutes