What Forms are Attached to the Judgment if there is Separate
or Community Property or Debt?
To establish separate property or debt, or to divide community property or debt as part of your divorce or separation Judgment, you may attach the following form to the Judgment form you file with the court:
- Property Order Attachment (Form FL-345)
Note that this form calls for one of the spouses or domestic partners to prepare and file a "Qualified Domestic Relations Order" – called a QDRO.
A QDRO grants a former spouse or domestic partner the right to participate in the other's pension, retirement, 401(k), IRA or other tax deferred account. The former spouse or partner is called an "alternate payee," and the original sole owner of the pension being divided is called a "participant." The pension itself is referred to as a "plan."
Alert! QDROs are highly technical and require approval not only by the
court but by the plan administrator. These are so specialized that most family lawyers will not draft them, but send them to a QDRO specialist instead. You may want to find a QDRO specialist to help you as well.
If you are asking the court for spousal, partner or child support or other financial orders, you are also to fill out and attach:
If there is separate property or debt, or community property or debt to divide in the judgment, fill out and attach:
Property issues can become complicated. You may wish to seek advice from an attorney who has experience in this field. For help in getting low-cost legal aid, click here.
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