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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114029
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I work company that has awarded me stock options and

Customer Question

I work for a company that has awarded me stock options and restricted stock. I am now divorced and have to move my ex-wife's portion to her brokerage account. My company's general counsel is saying that the divorce decree stating the split in shares is
not enough, even though there is a table with a clear description. He is saying I must now file a QDRO form as well. I was under the impression that the QDRO was only for a pension and not for splitting my options and shares.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your company's attorney is correct if the option plan is under ERISA, in order to divide retirement assets, a Qualified Domestic Relations Order is required. The Qualified Domestic Relations Order is an order to a retirement plan declaring the portion of the plan to be marital property and for the division. Your options and shares are part of an ERISA plan and any ERISA type plan requires a QDRO. If the shares are not part of an ERISA plan, no QDRO is required.

It is up to your ex's attorney to file the QDRO in court and send it to your employer.

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