Are your clients protected?

Do you have ticking time bombs in your files? QDROs which were rejected by the Plan and never prepared, acceptable QDROs which were never filed, QDROs which were supposed to provide your client with survivorship rights, but don't, QDROs which do not reflect the intent of the parties in the separation agreement? 

Do your separation agreements clearly address all of the issues relating to the plan?   Such as survivorship, death, or disability of the Plan participant? Or do you simply state that the parties agree that the pension will be divided according to state case law and move on to the next paragraph because your retainer agreement doesn't cover drafting the QDRO? Do you determine whether you have included all of the plans and/or accounts that each party may have during the discovery process? Do you know how to draft language for a 401(k) plan vs. a pension plan? (They are not the same). Recent court decisions have held that an attorney's failure to incorporate key pension terms into the separation agreement can result foregone benefits for the client and potential malpractice liability for the attorney.

Do you outsource QDRO preparation to non-attorney which rely on non-attorneys and standard forms to craft cookie-cutter orders? Preparation of a QDRO and building the terms into an agreement to protect your client, be they the participant or the spouse is a non-delegable legal duty. Outsourcing to a non-attorney does not limit your malpractice exposure – it may increase it.

Do you know how to use a pension and QDRO as a negotiating tool?  The retirement benefits are usually the largest marital asset and the source of the most anxiety for your clients. They can also be used in “out of the box” ways to finally arrive at a palatable settlement for all sides. Our firm provides valuation resources necessary to achieve these outcomes accurately and fairly. 

At D’Agostino/Jones, LLC, we offer the following services:

•  Assistance in pension discovery;
•  Pension and business valuations;
•  401(k) and IRA pre-marital balance tracings;
• Determining whether an offset or equalization distribution is in your client's best interest to avoid the added expense of multiple     QDROS and making the calculations necessary to accurately;
•  Litigation support on pension and valuation issues and expert witness testimony before trial;
• Drafting the pension and retirement section of your client’s separation agreement or preparing language for you to read into the   stipulation on the record;
• Assistance to divorce mediators;
• Providing a written interpretation of your opponent's QDRO
•  Drafting and submitting to the Court a QDRO or DRO which will be acceptable to the Plan, the court and your client. Non-Attorney   QDRO preparers cannot submit the Order to Court, leaving you in the case and potentially exposed;
• Providing you with a written explanation of the Order to share with your client and obtain sign off for your files.

Unlike many pension consulting firms who employ non-attorneys to draft your client's Orders (and who cannot or should not be providing legal advice regarding the same), We are attorneys licensed to practice in New York State with decades of experience in the pension arena.  Prior to starting her own law firm which has evolved into D’Agostino/Jones, Carolyn D’Agostino was Assistant Counsel to the New York State Retirement Systems where she reviewed thousands of incoming Domestic Relations Orders prior to plan acceptance and established all of the procedures used by that System in reviewing and implementing DROs.

Robert Jones, holds graduate degrees in economics and finance, and has served as an expert witness in valuation matters for more than twenty years.

We have conducted CLE presentations throughout the state and on nationally distributed webinars on topics such DRO preparation, pension negotiation and settlement strategies, and governmental plan benefits. Since 2007 we have provided information and assistance to countless attorneys, judges and their staff, plan participants and alternate payees on benefit-related issues. We can provide you with a thorough, time-saving and cost-effective solution to addressing all of the complex issues surrounding the division of retirement accounts saving you from frustration and worry and saving your clients’ money.

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