4. Best Colorado QDRO Practices and Some Mistakes


Colorado divorce and legal separation QDROs are not “check the box” simple processes. It is not a “one size fits all” proceeding. Since each case is different, a licensed Colorado attorney should be involved.

The primary best QDRO practice is to use a licensed attorney for your unique family law case. The applicable law is too complicated. I see a lot of very costly mistakes by Parties who do not get the proper legal advice.

The best time to do the QDRO is before the Decree is granted by the court. That way the Judge will approve the QDRO at the same time the Decree is signed. Also, usually the Parties are the most agreeable before the Decree is granted. Post-Decree relationships usually become adversarial.

As to your separation agreement or MOU – an agreement to agree later is not an agreement. Failure to clearly designate how the retirement plans will be divided can be very costly. Thinking that it will be easier later to finalize the division of the retirement plans is usually a big mistake.

Beware of advertising claims by individuals who are not licensed attorneys.