A QDRO is required to divide any employee benefit plan or pension subject to ERISA. It is customary for this order to be entered after the divorce is final. Mr.Review the process to file a temporary protective order. An explanation of beneficiary designations and income tax consequences related to ERISA and qualified plans during divorce. You must file for divorce with the Clerk of the Superior Court in the county where you or your spouse have lived for at least 6 months. Completing the Petition for Divorce. A QDRO is a legal way used in a divorce to separate and reassign portions of the accounts funds. Can a QDRO be part of my divorce settlement? If you do not know an attorney and you live in the Atlanta Area, you should contact the Atlanta Bar Association Lawyer Referral Service at 404-521-0777. Explains how to divide retirement accounts in a Pennsylvania divorce.