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Divorce and Family Attorney for Queens County – Nassau County – and more
  • About Malcolm S. Babel

    "Truce or Battle, Call Babel." For over 40 years Malcolm Babel has handled thousands of legal matters and presently handles family law and matrimonial matters exclusively. He has found through his years of experience that the best approach to … Continue Reading...

    About Malcolm S. Babel
  • Distribution of Marital Assets

    All assets acquired after the marriage are considered marital property subject to equitable distribution. New York is not a community property state where assets are divided equally. The key word in New York is equitable. Though as a practical … Continue Reading...

    Distribution of Marital Assets
  • Orders of Protection

    One can seek an order of protection against a violent spouse or member of their family or household from the Family Court, or through their divorce in the Supreme Court. Members of the same family or household includes: 1. Persons related by … Continue Reading...

    Orders of Protection
  • Separation/Annulment

    Here is some basic information on grounds for separation and annulment. Grounds for Separation Some couples want to legally separate but they stay married for possible future reconciliation or to maintain medical or tax benefits. Or, they can … Continue Reading...

    Separation/Annulment
  • Child Custody

    Children are undoubtedly the victims of divorce.  The upsets and problems that may have been responsible for the breakup of a marriage are felt doubly hard by the children.  So it is not hard to understand that it is the position of the courts that … Continue Reading...

    Child Custody
  • Maintenance/Alimony

    "Maintenance" is now the preferred word used by the courts when considering spousal support or alimony. Maintenance was formerly known as alimony. The domestic relations law provides for a court to order maintenance in such amount as justice … Continue Reading...

    Maintenance/Alimony
  • Family Law

    Family disputes and irreconcilable differences create a great deal of stress, uncertainty and confusion. If you are at the point where a friendly solution seems unreal, be assured that’s not necessarily the case. In my over 40 years of legal … Continue Reading...

    Family Law
  • Divorce

    New York is a "no fault" divorce state. This means that one of the grounds for divorce recognized is that of a marriage being “irretrievably broken” for at least six months prior to the commencement of the divorce. This ground makes divorce … Continue Reading...

    Divorce
  • Child Support

    Here are some common questions answered about child support and how it is calculated. Please give me a call for any further advice you might need. How is child support determined? Child support is determined on the basis of a law called the … Continue Reading...

    Child Support

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Queens Divorce Attorney Articles

Qualified Domestic Relations Order

Uncontested divorceYou should know that the court can order a portion of your pension plan to go to your spouse if you are involved in a divorce and have a pension plan.

Whether this occurs or not is dependent on the factors in your divorce and how the court will decide to divide the property according to the equitable distribution laws of New York. It is usually split equally. It is also possible that you and your spouse will agree find some other satisfactory arrangement to the court to divide your property without the court having to divide your retirement.

However, if this is to be done, the pension plan in question will require what is called a “qualified domestic relations order” to be signed by the judge so that the distribution can occur. Many pension plans offer model QDRO’s on their websites so that they can be downloaded and provided to your attorney to assist them to draft the order appropriately for your specific type of retirement plan.

You should be know, too, that just because such an order is put in place, it does not mean that the distribution of the benefit will occur immediately to the receiving party. It is simply the means that allows the pension plan to have the legal authority necessary to distribute the benefit to the receiving partner at the time when the benefit becomes payable.