Qualified Domestic Relations Orders (QDROs)

What is a Qualified Domestic Relations Order or QDRO?

Some marital assets may be transferred to one spouse by another spouse in Maryland via a court order known as a Qualified Domestic Relations Order (QDRO). A QDRO can divide a pension, an ESOP or other retirement account.  A QDRO is a court order which recognizes the rights of the non-participating spouse, an alternative payee, who can receive a portion of, or even all of, a pension or retirement plan belonging to another individual.  

How Does a QDRO Work?

Dividing pension and retirement plans between spouses can get complicated. A qualified domestic relations order facilitates dividing the payout of those plans.  Timing can be extremely important when it comes to preparing and entering the qualified domestic relations order with the court in relation to both a retirement or a divorce.

What is the Purpose of a Qualified Domestic Relations Order?

A QDRO can be utilized for assigning current or future retirement or pension benefits as part of the dissolution of the marriage and division of assets. Any alternate payee may receive just a portion or all of the benefits in their entirety.

It is important to speak with a legal professional should the need for a QDRO arise.  The above statement is not legal advice, no legal relationship is created herein, and the above statement is not meant to take the place of consultation with a licensed attorney.  You should always speak with a licensed attorney before taking any legal action.

CHILD CUSTODY IN MARYLAND

Child Custody

A child custody decree may be issued in both an absolute divorce and a limited divorce. In Maryland, custody and access are determined by looking at the child’s best interests. Some of the factors the court will consider include: 

*Safety and well-being of the child;
*Age, health and gender of the child;
*Desire of natural parents and any agreements established between the parents;
*Fitness, character and reputation of each parent;
*Potential for maintaining natural family relations;
*Length of separation of the parents;
*Material opportunities affecting the well-being of the child;
*Preference of the child, if of suitable age and maturity;
*Geographic proximity of parents to allow for reasonable access;
*Prior voluntary abandonment or surrender;
*Other relevant facts.

If the parents can agree on a custody arrangement, the court will typically honor such an agreement if it is in the child’s best interest and not against public policy.

If the parents are unable to agree on custody, the court will make the decision. It is important to understand that custody and visitation orders can always be modified based upon a material change in circumstances.   

There are two parts to any custody arrangement:

1. Legal custody involves the right to make decisions for the child in regard to education, non-emergency medical care, activities, religion, and other issues impacting the child’s development.

2. Physical custody pertains to spending time with the child.

There are a number of ways the court may rule in a custody cases, including: 

Sole custody

Joint custody: This is broken down into three categories:

            Joint legal custody: Both parents share control of how the child is raised, regardless of who the child lives with. One parent may be awarded tie breaking authority in the event of a disagreement or each parent may have specific areas of decision making authority.

            Shared physical custody: The child spends a minimum of 35% of their time with each parent.

            Combination: In this situation, the parents have a combination of joint legal and shared physical custody.

The above statement is not legal advice and is not meant to take the place of consultation with a licensed attorney.  You should always speak with a licensed attorney before taking any legal action.