A Qualified Domestic Relations Order or QDRO,
is a judicial order entered as part of a property division in a joint or legal separation that divides a retirement or pension plan, recognizing the community or marital interest of the non-earning spouse in that plan.
Dividing Retirement Assets
A QDRO allows a pension plan to distribute a monthly revenue stream, or a retirement plan to distribute a portion of the retirement funds, to an alternate payee. The alternate payee is a spouse, former spouse, child, or other dependent of the plan participant, and can also be used for spousal support or child support.
QDROs apply to ERISA retirement plans. Other types of plans require different types of documents to distribute, such as a COAP (Court Order Acceptable for Processing) or an Order Incident to Decree for military retirement. FLS can help you determine what type of document you need to divide the retirement asset, and prepare that document swiftly and efficiently.
Las Vegas Family Law Solutions
Operated by McFarling Law Group, a divorce firm in Las Vegas, Nevada. Comprised of Attorneys and Certified Divorce and Financial Analysts, Las Vegas Family Law Solutions has years of experience in analyzing complex financial cases and identifying the key issues.
Is a QDRO Needed for all Retirement Plans? No.
You will need a QDRO if you’re trying to divide the following types of plans:
- deferred compensation plans
- employee stock ownership plans
- tax-sheltered annuities, and
- business/corporate defined benefit or pension plans.
- 401(k), 403(b), and 457 plans
- thrift plans
- profit-sharing plans
- money purchase plans
QDROs are not necessary for IRAs. Please contact us if you have any questions about whether a specific plan requires a QDRO.
Simplifying the Complex
Drafting QDROs requires a deep understanding of applicable federal laws, state laws, and plan procedures. You can feel at ease knowing we have extensive experience preparing QDROs.
EMILY MCFARLING, ESQ.
JOSH ARONSON, ESQ., CDFA
Attorney and Financial Analyst
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Las Vegas, Nevada, 89146