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 Client I want QDRO-law to jointly represent me and my former spouse Joint representation is not possible. QDRO-law is a law firm. A QDRO divides property between spouses incident to a divorce. There is a conflict of interest between you and your former spouse with respect to this property division. A QDRO-law attorney cannot ethically represent both parties any more than a divorce attorney can ethically represent both parties in a divorce. The QDRO process is part of the divorce process. QDRO-law has an attorney-client relationship only with its client. QDRO-law does not have an attorney-client relationship with the former spouse of its client. How does QDRO-law decide which spouse is the client? The first person to contact QDRO-law generally becomes QDRO-law's client. If a divorce lawyer contacts QDRO-law, that lawyer's client becomes QDRO-law's client. Should the client be the worker with the pension plan or the divorced spouse who was awarded a part of that pension plan? In most cases, it doesn't matter. The philosophy and approach QDRO-law brings to its work is the same regardless of which spouse we represent. Our goals are to prepare a quality QDRO that is consistent with the divorce decree, to provide maximum flexibility regarding options available under the plan, and to maximize the benefit payable from the pension plan. Because you represent me, are you writing the QDRO to my advantage? That is a good question to ask and a very difficult question to answer. QDRO-law's role is to implement the division of the pension plan benefit or retirement account in a manner that is consistent with the divorce decree. But because divorce decrees typically do not set out all of the details that a QDRO must contain, QDRO-law makes choices when it prepares the QDRO. Those choices may result in you receiving less or more money. Many times, the true financial impact of those choices can only be determined after unknowable future events become known, such as future investment performance, your death, or the death of your former spouse. The divorce decree says my former spouse is supposed to pay part or all of the cost of the fee for the QDRO. How does that work? QDRO-law has a contract only with its client. QDRO-law's client is responsible for payment of all QDRO-law fees. It is fine by us if the former spouse of our client pays part or all of QDRO-law's fee either directly or indirectly. But QDRO-law will take no effort at any time to collect fees from the former spouse of our client. That is the client's responsibility.
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