The family law bar has been abuzz about large invoices from Fidelity for processing QDROs and one lawyer says Schwab even charged for approving its own QDRO sample form. Can they do that? Apparently so according to the U.S. Department of Labor if the plan so provides. So, before forking over that fee one could ask to see if the plan authorizes passing on the QDRO processing expense to the participant or alternate payee. It may also be prudent to address in the agreement or judgment which spouse pays the fee.