Start the Process

QDRO Preparation Contract

By this contract, you engage Diane C. Pappas, CQS™, CDFA® to prepare a Qualified Domestic Relations Order (“QDRO”), which is the legal document necessary to divide an Employer-sponsored ERISA Defined Contribution Plan or Defined Benefit Plan pursuant to a divorce. This agreement is entered into by and between Client, (“Client”), and Solutions for Divorce LLC (“SFD”), and Diane C. Pappas, Certified QDRO Specialist™ (CQS), Certified Divorce Financial Analyst® (CDFA). Intending to be legally bound, the parties agree to the following:

1. Professional Services

SFD agrees to provide Client with a Qualified Domestic Relations Order (QDRO) ready for submission for pre-approval to the Plan Administrator (“PA”) of the Employer-sponsored plan, or, if the Plan Administrator will not review it prior to the Judge’s signature, then SFD will provide a QDRO ready for submission to the court. SFD will send a draft QDRO to the Plan Administrator (“PA”) for their ‘pre-review’ and make any necessary changes if required by the PA. SFD will not submit the QDRO in court. It is the responsibility of the Client or the Client’s attorney to submit the QDRO to the court for the Judge’s signature within 90 days of receiving the QDRO 'Ready For Court'. Failure to do so, will result in a possible voiding of this contract.

If, once approved by the court and submitted to the PA and the PA rejects the QDRO, then SFD will make any necessary changes/edits necessary for final approval. The Clients agree to pay the cost and fees for which will be charged in accordance with the Retainer Agreement executed contemporaneous herewith and incorporated herein by reference. Client acknowledges that SFD will charge a flat fee of $800 for the first QDRO, $750 for each additional QDRO needed. Your Plan may charge their own fee which is above and beyond any fee that SFD charges.

Once the judge signs the QDRO Order, the ORIGINAL CERTIFIED COPY OF THE QDRO MUST BE SUBMITTED BY Diane Pappas to the Plan Administrator. Do not attempt to submit on your own.

2. Obligation to Provide Accurate Data

Client will timely provide SFD with accurate, reliable and complete financial information as is necessary in order to complete the limited engagement task. Client acknowledges and understands the importance of full disclosure, and that SFD will rely on the information provided to perform its services hereunder. The award outlined in the QDRO must match the award language in the Separation Agreement or Judgment. When the agreement has faulty or deficient language or it doesn’t contain the necessary division statements, it will be incumbent upon the Client/Attorney to amend the language in agreement/judgment so CQS can properly draft the QDRO under ERISA and Plan rules. The responsibility for the completeness and accuracy of the information provided remains with Client and his/her attorney. Consequently, Client agrees that neither SFD nor CQS will be held accountable for any errors or omissions in their work product resulting from any failure by Client to provide accurate, reliable, complete and full information to them. A QDRO is considered a draft, unenforceable document until it is: 1. signed by the Judge, and 2. ‘qualified’ by the Plan Administrator. Once qualified by the Plan Administrator, the CQS relinquishes all responsibility for any resulting outcome.

3. Indemnification

Client agrees to indemnify SFD and CQS from any costs, expenses, attorney fees, liability or other losses resulting from any legal action brought by a third party against them based on false or inaccurate information supplied directly or indirectly by Client pursuant to this Agreement.

4. Recommendations

SFD and CQS will not make any specific recommendations relating to investments or any financial products or services. If such products or services are generally indicated with respect to implementation of the analysis, Client understands that he or she is free to select any financial planning or brokerage firm, insurance company, financial institution or other vendor, or any financial services representative of their choice.

5. Independent Legal Advice

Client acknowledges that SFD and CQS do not provide legal advice. Client agrees to seek independent legal advice with respect to any matter relating to or arising from the services performed or to be performed pursuant to this Agreement.

6. Confidentiality

All work performed by SFD and CQS is deemed confidential, and subject to all applicable client privileges and work product protections. All information supplied to SFD and CQS is also deemed confidential, and will be disclosed to others only on an as needed basis and only with the Client’s permission. In the event that Client’s files are subpoenaed, or otherwise subjected to legal process, any costs incurred to protect this work product or information will be borne by Client.

7. Forum Selection

The laws of the Commonwealth of Massachusetts govern this Agreement, and any action brought by any of the parties arising from or relating to its provisions, or the enforcement thereof, will be brought only in Massachusetts in a court or other tribunal of competent jurisdiction where venue is proper.

8. Integration

This Agreement, together with the Retainer Agreement constitutes the entire understanding of the Clients and there are no other representations, oral or written, that are a part thereof. Any modification to these documents will be binding on the parties only if in writing, and duly executed. If any provision of either document is determined to be legally unenforceable, the remainder will be in full force and effect.

9. Contract Terms and Release of Liability

1. Contract Expiration: This contract will be null and void after three (3) months of inactivity. Inactivity includes, but is not limited to:
   • Failure to provide the requested documents within three (3) months of signing this contract.
   • Failure to address and resolve any identified deficient language in the draft QDRO within three (3) months of signing this contract.
   • Failure by you and/or your attorney to submit the QDRO to the court for certification within six (6) months of signing this contract.

   Upon the occurrence of any of the above, this contract shall be deemed rescinded and void without further notice.

2. Acknowledgment of Draft QDRO: By receiving the draft QDRO, the undersigned Clients acknowledge and agree that the stated award in the draft reflects the agreed-upon terms of the underlying court order, separation agreement or Judgment.If either Client disagrees with the stated award, it is the responsibility of that Client to promptly notify the Certified QDRO Specialist (CQS) in writing upon receipt of the draft. Failure to notify the CQS within [specific timeframe, e.g., ten (10) business days] shall constitute acceptance of the draft QDRO as prepared.
3. Release of Liability: By receiving the draft QDRO and failing to raise timely objections as described above, the undersigned Clients agree to release and hold harmless Diane C Pappas, Certified QDRO Specialist (CQS), and Solutions For Divorce LLC from any and all claims, disputes, or future litigation arising from the preparation, implementation, or interpretation of the QDRO.

This release of liability extends to any disputes between the parties or involving the court or plan administrator, following the completion of services provided under this contract.