Category Archives: QDRO Issues

Countless parents struggle with uncooperative former spouses over child support. Many custodial parents do not know that a QDRO can be used to collect delinquent child support. According to ERISA § 206(d)(3)(K), and IRC § 414(p)(8), “a domestic relations order can … Continue reading →

The disposition of an alternate payee’s benefits when he or she dies before receiving or after the onset of benefits may raise questions about contingent alternate payees. Under most defined contribution (DC) plans, such as a 401(k), the Plan Administrator … Continue reading →

A QDRO 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 properly drafted … Continue reading →

Many pension plans provide model QDROs in order to expedite the approval process. Although it may speed approval, their model language often does not have the best interests of the alternate payee in mind, which often makes using a model … Continue reading →

Dividing a pension starts poorly when the parties — particularly the nonparticipant and his or her lawyer — fail to understand the type of plan to be divided. Generally, marital settlement agreements refer to the parties’ “retirement plans,” but do … Continue reading →

Approaching the so-called Golden Years, many couples dream of the prospect of taking early retirement without drastic reductions in the benefits. Many pension plans offer early retirement incentives to eliminate older workers who have peaked and replace them with younger, … Continue reading →