How does asset division work
There are two components to dividing a liquid asset like a bank account or stocks:
Deciding how to divide the asset and
Having your bank or brokerage actually divide the asset into two accounts.
We only tend to divide assets in our most stressful times: divorce and death of loved ones. Tensions run high and we fight long and hard about HOW to divide assets. When I went to court to divide my marital assets, it was miserable and cost thousands of dollars. Once it finished, everyone involved told us to use the QDRO process (see below). I thought I would have access to money in a couple weeks and be done. 5 months and thousands more dollars later, only 1 account was divided based on the QDRO process. My ex-spouse and I had to do everything ourselves.
Simple Asset Division offers an alternative to QDRO, replacing a time consuming process of fund division run by attorneys to one that uses a banks own internal process — which there’s a good chance you’re going to use even if you get a QDRO!
Simple Asset Division
We use banks’ existing processes and forms to tell banks how to divide assets. Their forms will tell them:
Which account to divide
How much to give each party
Which lots to send to which party (if relevant)
Where to send funds
No judges, no attorneys unless you want them.
Qualified Domestic Relations Order
As relates to a bank or a brokerage, a way to think of QDRO is simply telling them how to divide assets. An order will tell the firm:
Which account to divide
How much to give each party
Which lots to send to which party (if relevant)
Where to send funds
Before the QDRO can be executed, it will go to a judge for signature, which can take months. In most cases, they are prepared by attorneys.