I am a domestic violence victim advocate in California. I have a client who is divorcing her abuser. She has a retirement account from a state agency and he has a 401K. Both have roughly the same amount in the account. Both parties agree that each should keep their own account without dividing them. Is a QDRO necessary in this case?
2 Answers from Attorneys
No, not if they have a signed agreement. And you have no business practicing law without a license.
You may want to do a qdro for piece of mind. However each person has their own reasons for settling family law matters the way they do. I would suggest that this question is best answered by their attorney,