QDRAb4QDRO™ (Qualified Domestic Relations Audit before QDRO)

Divorces involving a self employed spouse such as a writer, producer, director, doctor, dentist, accountant or attorney.

Certain QDROs in a marital settlements involve a spouse who is the named plan sponsor or trustee of an ERISA plan including a defined benefit pension, profit sharing or 401k plan.

If breach of fiduciary duty to the Plan has occurred, community assets may be improperly impaired.

(ERISA plans fall under an "exclusive purpose rule," to provide benefits to participants and their beneficiaries; beneficiaries include the spouse, children and other dependents.)

• Spouses who are Self employed, run a family or closely-held business, own a partnership or professional corporations (examples medical, dental, veterinary, actors, agents, writers, producers, directors, etc.)
• Breach of ERISA fiduciary duties often leads to poor asset performance, investment losses; there are myriad causes for plan assets to under-perform, especially if neglected for several years.
• Fraud, prohibited transactions or self-dealing; improper or undocumented loans or imprudent investments; represent a potential theft of plan and community assets.
• A QDRO (qualified domestic relations order) involving a Spouse-controlled ERISA plan that simply assumes prudent fiduciary compliance and asset performance may shortchange both parties.  A third party administrator, bank, trust company, stock broker, broker dealer, money manager or investment adviser may be responsible, some are untrained in their duties as fiduciaries to ERISA qualified plans.
• Initial consultations are complimentary.

Expert Reports includes:

• Analysis of spouse-controlled ERISA pension plan, profit sharing or 401k plan for fiduciary compliance
• Shortfalls in fiduciary compliance may lead to impairment to community assets
• We identify the shortfalls, establish degree of non-compliance and estimate damages to the community for which the responsible spouse be surcharged or some other remendy argued
• Expert Witness and or litigation support help you provide representation for your divorce and family law clients

For more information Litigation@FiduciaryExpert.com or (310) 943 - 6509