The QDRO library
Every podcast episode and published article, organized by topic — free to stream and download.
Listen: short episodes, real answers
Attorney Ruegg's podcast series covers the questions clients and family law attorneys ask most. Press play — no signup, no app required.
Prefer your podcast app? Follow the show on Spotify →
Intro to QDROs (video)
What a QDRO is, why nearly every divorce needs one, and answers to the most common questions — a short video introduction from Attorney Ruegg.
Watch the video on Vimeo → · Also embedded on our FAQ page
401(k) Tips and Traps
Using 401(k) funds to pay community bills after separation can cause you to overpay your ex — and other traps to account for before the QDRO is drafted.
Related: The 401(k) loan trap
How Do I Freeze Up My Former Spouse's Retirement Accounts?
Worried your former spouse will cash out? Strategies to stop them, including the notice language that puts the plan itself on the hook.
Related: Worried your ex will cash out?
Offsetting, Equalizations, and Buyouts — OH MY!
Buyouts, “you keep yours, I keep mine” trades, and collecting support arrears through the QDRO process — the trade-offs nobody explains.
CalPERS vs. CalSTRS: Similarities and Differences
Two systems, two rulebooks — including which one allows modification of survivor benefits after retirement following a dissolution.
A Fixed Dollar Award — With No Mention of Gains or Losses
Your judgment says $50,000 from the 401(k)… but is that $50,000 flat, or $50,000 plus five years of market growth? Why the answer isn't settled.
Separate Property Claims When You Can't Access Records
You had money before the marriage but can't get the old statements to prove it. What to do next.
What Is a DROP Account?
Deferred Retirement Option Programs — and whether the DROP account in your case is community or separate property.
Do You Know What a Gillmore Election Is?
When the employee spouse is eligible to retire but doesn't, the non-member spouse may have a powerful — and irreversible — election to consider.
What Is an Elective Service Credit?
Purchased service credit can quietly shift the community/separate split in a public pension. Here's what to look for.
Defined Contribution vs. Defined Benefit vs. Cash Balance Plans
The three major plan types work completely differently — and the differences drive how each one gets divided. A plain-English walkthrough.
Read: articles & insights
Plain-English articles from Attorney Ruegg on the questions that decide real cases:
- Enforcing QDROs: your secret weapon for collecting what's owedA 2025 appellate ruling (DeBenedetti & Ensburg) expanded QDROs into collection tools for fiduciary-breach awards.
- Top 10 QDRO mistakes to avoid in your California divorceFrom pension-statement myths to letting a pensioner retire before the QDRO is entered — with the fix for each.
- Navigating 401(k) loans in California divorcesIncluded vs. excluded loan treatment, the double-payment trap, and the tax angles — with worked scenarios.
- CalPERS division: Model Order A vs. Model Order BSeparate account or shared interest — and why one of the two choices is a one-way door.
- Bifurcation: terminating marital status while safeguarding retirement rightsFamily Code §2337's protections and the case-law traps, from Padgett to Kennedy.
- Why post-separation pension enhancements are sharedPromotions and raises after separation can still be community property — Brown to Belthius explained.
In print: bar journal articles
Attorney Ruegg writes for the legal community on QDRO practice. Downloadable as PDFs:
- Common QDRO Judgment Language Errors and How to Fix ThemRiverside Lawyer — the five drafting errors that cause QDRO disputes, with the case law. Also summarized in our attorney guide.
- Enforcement of QDROsACFLS Family Law Specialist, Fall 2024 — finding hidden accounts, freezing funds, entering orders without a hearing, and recovering fees from non-compliant parties. As published, with journal cover. Summarized in our enforcement guide.
- QDRO Cash Outs, Equalizations, and Tax RamificationsRiverside Lawyer — the tax mechanics of cash-outs, pre-tax vs. post-tax equalizations, and pension buyouts.
- QDRO Punch List for Judicial OfficersBench-ready responses to the retirement division requests that come up in family court.
- Opposing Counsel: NaKesha and David RueggRiverside Lawyer profile of the firm.
Heard your situation in an episode?
That's usually the moment to stop guessing. Your initial phone conference is free.