Qualified Domestic Relation Order (QDRO)
The qualified domestic relations order (QDRO) process can be somewhat complex and confusing to most divorcing couples. At Stuart Legal, we can help you obtain a QDRO for the division of a retirement or pension plan based on the terms of your divorce decree. If you’re trying to understand the QDRO process from start to finish, read on to learn more. Then, we’ll show you how Stuart Legal can help!
What is a Qualified Domestic Relations Order?
A “qualified domestic relation order” (QDRO) is a domestic relations order that splits a retirement plan or pension plan and acknowledges that there is joint ownership in all or part of the plan due to marriage.
QRDO creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or portion of the benefits payable with respect to a participant under the retirement plan.
QDRO is made pursuant to the domestic relations order under a judgment, decree, or order that is made pursuant to state laws. A state authority, generally a court, must actually issue a judgement, order, or decree or otherwise formally approve a property settlement agreement before it can be a domestic relations order under ERISA.
QRDO creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or portion of the benefits payable with respect to a participant under the retirement plan.
QDRO is made pursuant to the domestic relations order under a judgment, decree, or order that is made pursuant to state laws. A state authority, generally a court, must actually issue a judgement, order, or decree or otherwise formally approve a property settlement agreement before it can be a domestic relations order under ERISA.
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