Qdro Draft

Draft Court-Ready QDROs in Minutes, Not Hours

12 minutes with Para

Explore this workflow

Get started with Para

Para is an AI colleague for legal teams. Send it this work by email, Teams or Slack, and it hands back the finished document.

12 minutes with Para

What you'll need

Divorce Decree or Marital Settlement Agreement
Retirement Plan Documents
Party Information Sheet

Plans from $20 a month, with usage included.

Workflow

Overview

CaseMark's QDRO drafting skill automates the creation of Qualified Domestic Relations Orders that divide retirement benefits between divorcing spouses. The AI generates fully compliant orders covering defined benefit pensions, 401(k) plans, and defined contribution plans with accurate division formulas, coverture fraction calculations, and alternate payee protections. Each draft is structured for plan administrator pre-approval and court filing.

Drafting QDROs is one of the most technically demanding tasks in family law practice. Each order must satisfy federal ERISA and IRC requirements, match the specific retirement plan's rules and model language, include precise division formulas, and conform to local court formatting — all while protecting the alternate payee's rights to survivor benefits and early retirement subsidies. A single error can result in plan administrator rejection, delayed benefit payments, or loss of critical protections.

CaseMark eliminates the complexity of QDRO drafting by analyzing your divorce decree, plan documents, and party information to generate a fully compliant order tailored to the specific plan type. The AI applies the correct division methodology, calculates coverture fractions, includes all mandatory ERISA findings, and formats the order for your jurisdiction — producing a pre-approval-ready draft that dramatically reduces revision cycles and rejection risk.

How to hand this to Para

1. Send Para the files
Email them, drop them in a Teams or Slack message, or upload them.
2. Para runs the Qdro Draft skill
It works from your files and checks its citations against the record.
3. The finished document comes back
Para returns it where you asked, usually as a DOCX, and offers the next step.

Example request · email, Teams or Slack

Para, run the Qdro Draft skill for the Garcia matter. I've attached the Divorce Decree or Marital Settlement Agreement, Retirement Plan Documents and Party Information Sheet. Send the finished draft back here as a DOCX.

What Para does

1. Upload the divorce decree, plan documents, and party information
2. AI analyzes plan type and generates an ERISA-compliant QDRO with proper division formulas
3. Review and customize the draft order, adjusting division terms and benefit elections
4. Export the court-ready QDRO in DOCX or PDF for plan administrator pre-approval and court filing

What you get

Court Caption & Recitals
Definitions
Plan Identification & Division Formula
Alternate Payee Rights & Protections
Survivor Benefit & Death Provisions
Payment Commencement & Form of Benefit
Tax Treatment & Jurisdiction Retention
Certification & Signature Block

What it handles

ERISA §206(d)(3) and IRC §414(p) compliant order generation
Court caption and recitals matched to local jurisdiction rules
Automatic marital coverture fraction calculations for DB plans
Plan-specific division formulas for DB, DC, and 401(k) plans
Alternate payee survivor benefit and early retirement protections
Pre-approval ready formatting for plan administrator review

Required documents

Divorce Decree or Marital Settlement Agreement
The final divorce decree or MSA containing the case number, filing date, and retirement benefit division provisions
.pdf, .docx
Retirement Plan Documents
Summary plan description, plan document, or model QDRO language from the plan administrator identifying the exact plan name, type, and division rules
.pdf, .docx
Party Information Sheet
Full legal names, dates of birth, current addresses, marriage and separation dates, and agreed valuation date for both participant and alternate payee
.pdf, .docx, .txt

Supporting documents

Plan Administrator Model QDRO
Model QDRO template or sample language provided by the plan administrator for pre-approval compliance
.pdf, .docx
Benefit Statements
Recent account statements or benefit estimates showing current account balance or accrued benefit value
.pdf, .docx
Prior Court Orders
Any prior QDROs or domestic relations orders affecting the same retirement plan
.pdf, .docx

Why teams use it

Reduce QDRO drafting time from hours of manual research and formatting to minutes of AI-assisted generation

Minimize rejection risk with built-in ERISA §206(d)(3) and IRC §414(p) compliance checks

Handle all major plan types — DB pensions, 401(k)s, and DC plans — with a single workflow

Produce consistent, professional-quality orders with proper court captions, recitals, and signature blocks

Questions

Does CaseMark handle both defined benefit and defined contribution plans?

Yes. CaseMark's QDRO drafting skill automatically detects the plan type and applies the correct division methodology — shared payment or separate interest for defined benefit pensions, and percentage or dollar amount segregation for 401(k) and defined contribution plans.

Will the QDRO comply with ERISA and IRS requirements?

CaseMark generates QDROs that include all mandatory ERISA §206(d)(3) findings and IRC §414(p) qualification language. The output includes the three required ERISA findings regarding increased benefits, benefit form restrictions, and prior alternate payee assignments.

Can I use the plan administrator's model QDRO language?

Absolutely. If you upload the plan administrator's model QDRO or sample language along with your plan documents, CaseMark will incorporate that specific language and formatting into the draft to maximize the likelihood of pre-approval.

How does CaseMark calculate the marital coverture fraction?

For defined benefit plans, CaseMark calculates the marital coverture fraction using the months of marriage during plan participation divided by total participation months, based on the marriage date, separation date, and plan enrollment information you provide.

Is the output ready to file with the court?

CaseMark produces a court-ready draft with proper caption formatting, recitals, and signature blocks. However, we recommend submitting the QDRO to the plan administrator for pre-approval review before filing with the court, as most plans have specific language preferences.

What if the retirement plan has unique requirements or restrictions?

CaseMark adapts the QDRO to plan-specific requirements reflected in the uploaded plan documents. For plans with unusual provisions, the AI flags areas requiring special attention so you can make informed adjustments before submission.