Save time with our cheat sheets, fact sheets, checklists & books!

February 16, 2009

Qualified domestic relations order (QDRO)

Print

Definition

A  qualified domestic relations order (QDRO) means a domestic relations order (DRO) which creates or recognizes the existence of an alternate payee’s right to ( or assigns to an alternate payee the right to) receive all or a portion of the benefits payable with respect to a participant under a plan, and  meets the following requirements:

It must clearly specify the following:

  1. the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate payee covered by the order,
  2. the amount or percentage of the participant’s benefits to be paid by the plan to each such alternate payee, or the manner in which such amount or percentage is to be determined,
  3. the number of payments or period to which such order applies, and
  4. each plan to which such order applies.

And meet the following requirements

  • does not require a plan to provide any type or form of benefits, or any option, not otherwise provided under the plan,
  • does not require the plan to provide increased benefits (determined on the basis of actuarial value), and
  • does not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order.

QDROs are issued for qualified plans, 403(b) plans and 457 plans

Referring Cite

IRC §414(p)(1); ERISA §206(d)(3)(B)

Additional Helpful Information

  • Distributions paid directly to alternate payees are not subject to the 10% early distribution penalty. However, if the spouse or former spouse alternate payee rolls over the amount to his/her own IRA or other retirement account, and then takes a distribution from that account, the distribution will be subject to the 10% early distribution penalty, unless he/she is at least age 59 ½ when the distribution occurs or qualify for an exception to the penalty. Cite: Internal Revenue Code (IRC) § 72(t)(2)(C).
  • A common mistake is for QDROs to be prepared for IRAs. However, QDROs do not apply to IRAs. IRC §414(p)(9)
More

Keep Learning

10-Year Rule

The 10-year rule is a distribution rule that applies to certain beneficiaries who inherit an IRA or employer-sponsored retirement plan account. Under the rule, the

Still-Working Exception

The still-working exception is a rule that may allow a participant in an employer-sponsored retirement plan to delay required minimum distributions (RMDs) beyond the participant’s

Correction Window for RMD Shortfall

RMD Correction window The correction window is the period during which a missed required minimum distribution (RMD) can be corrected in a way that may

Qualified Charitable Distribution (QCD)

Definition A distribution that is excludable from the distributee’s income, as a result of meeting the following requirements: It is made after the distributee reaches

Be among the first to know when

IRA Rules
Change