Plan types
Every retirement is divided differently
The right court order depends entirely on the kind of plan. A private 401(k), a Nevada PERS pension, a military retirement, and a federal annuity each follow different rules - and use a different order. Pick the plan at issue to see how it is divided, then draft the order free.
Nevada PERS
If either party is a Nevada public employee, PERS needs its own court order under NRS 286.6703. FreeQDRO drafts it free, for counsel or a party filing in proper person.
Military Retirement
If either party served in the uniformed services, the retired pay can be divided by court order under federal law. FreeQDRO drafts the order DFAS accepts, free, for counsel or a party filing in proper person.
ERISA / Private Plans
If either party's retirement is with a private employer, it is divided by a QDRO under ERISA. FreeQDRO drafts and reviews that order free, for counsel or a party filing in proper person.
FERS (Federal)
A federal FERS pension is split with a Court Order Acceptable for Processing under 5 CFR part 838. FreeQDRO prepares it free, for counsel or a party filing in proper person.
CSRS (Federal)
A CSRS pension is split with a Court Order Acceptable for Processing (COAP), not a QDRO. FreeQDRO drafts one at no cost, for counsel or a party filing in proper person.
IRAs
An IRA is split by a tax-free transfer incident to divorce - not by a QDRO. FreeQDRO drafts the order language free, for counsel or a party filing in proper person.
Dividing a state public pension? The preparer drafts filing-ready orders for the public retirement systems of all 50 states and the District of Columbia - each from the system’s own model order or form. Choose the decree state in the preparer; the state pages here are being added.