QDRO Malpractice & Damage Calculations

Our extensive experience in legal malpractice provides us with the tools to address incorrect marital determinations, survivor benefits, legal contradictions, and other issues. We can compute damages and provide expert testimony to support our findings.

WFA Econometric Group has been instrumental in resolving issues related to QDROs. We have retained legal malpractice cases to correct poorly drafted QDROs or compute damages. Some examples are as follows:

• Incorrect Marital Determination

• Incorrect valuation dates

• Poorly drafted settlement agreements

• Survivor Benefits for a Spouse, or not addressing survivor benefits in the event the plan participant predeceases the alternate payee spouse

• Applying private sector terminology to government pensions

• Failing to submit a QDRO at the time of divorce

• Contradiction of prevailing case law within the QDRO

Malpractice issues are not limited to QDROs. Settlement agreements are often poorly drafted, resulting in poorly drafted QDROs. Examples are:

• Referring to pension benefits as accounts

• Not understanding the type of retirement plan or retirement accounts

• Not addressing certain benefits to include, or has not been included, in the subsequent QDRO based on the settlement agreement

• Specifying the age that a former spouse can receive their share

• Failing to define marital

WFA Econometric Group can compute damages if the error is irreversible and provide expert testimony to support our findings. If the error can be reversed, WFA Econometric Group has the expertise to prepare the appropriate QDRO to effectuate the original intent.

Damages can also be based on the negligence of the attorney or financial professional regarding investments. Simply email us your case, and we can provide options for you and your client to consider.

WFA Econometrics Group, L.L.C. is uniquely qualified to identify issues in poorly drafted QDROs and why, if at all, a malpractice claim exists.  WFA has the ability to perform an analysis to determine damages or potentially reverse transactions with amended QDROs, typically for the liability insurance carrier.