Category Archives: QDRO Issues

The preparation, filing and approval of a Qualified Domestic Relations Order (QDRO) takes time and a special care for details. Completion usually takes one to six months, but it can take longer, depending on the complexity of the Plan, the … Continue reading →

People file their own divorce because they can’t afford to hire an attorney, or they agree with their spouse about all divorce issues and can file a relatively simple uncontested divorce. One of the most popular ways to file your … Continue reading →

The order requires that the participant pay the benefits to the alternate payee within a specified period of time. Naming the participant as a constructive trustee does not relieve the Plan Administrator of responsibility to pay the benefits under a … Continue reading →

In divorce negotiations, a client is going to ask what he or she can expect to receive from his or her spouse’s retirement plan. In order to answer, an attorney must be familiar with the plan because he or she … Continue reading →

One little known use of QDROs is to provide a security interest in a participant’s qualified plan benefits to the non-participant spouse. Often in divorce settlements, security interests are granted in property awarded to the other spouse. This happens when … Continue reading →

A little-noticed change to the federal Employee Retirement Security Act (ERISA) permits plan administrators to charge QDRO processing fees for a 401(k) to plan participants and alternate payees. Prior to May 2003, the federal regulations precluded plan administrators from charging … Continue reading →

In a divorce there is no single best way to divide a pension. In a given case, the division depends upon the type of pension plan, the nature of the participant’s pension benefits, and the reason the parties are dividing … Continue reading →

Pension authority Anne E. Moss, J.D., author of Your Pension Rights at Divorce, suggests that to divide a pension intelligently the non-participating spouse must find out “what kind of pension it is, how it is funded, and how it pays … Continue reading →

When spouses agree to divide an IRA account, they need a Property Settlement Agreement or court order stipulating the amount to be transferred. IRAs are not subject to the anti-alienation requirement of ERISA. Thus, QDROs are not needed to divide … Continue reading →

Making use of a revocable interest with a QDRO. This regime can be used to fund alimony agreements, provide for child support payments, provide for security interests or provide for a limited number of benefit payments. Most QDROs stipulate the terms … Continue reading →