A few definitions:

• A Qualified Domestic Relation Order (QDRO) – is a judgment or order that is made pursuant to state domestic laws and recognizes the existence of an alternate payee’s right to receive, all or a portion of the benefits payable with respect to a participant under a pension or retirement plan.
• Participant – The person that the plan belongs to is the participant.
• Alternate Payee – Usually the former spouse (but could also be a child or other dependent) of the participant that is entitled to receive all or a portion of proceeds under the plan.  For purposes of the QDRO provisions, an alternate payee cannot be anyone other than a spouse, former spouse, child, or other dependent of a participant.

What brought about the creation of this document?

• The QDRO was created by the Retirement Equity Act of 1984 as an amendment to the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), that protected retirement plan assets from creditors.

Who needs a QDRO?

• If you are awarded certain sums of money or a percentage of a retirement or pension plan and you want to collect, you will need a QDRO.
• Your divorce decree alone is not enough.

Who is responsible to provide this document to the court?

• Attorney – Generally the obligated attorney is the attorney representing the alternate payee.
• Pro Se – If you will be receiving the funds (alternate payee) this is generally your responsibility.

Who must approve a QDRO?

• The plan administrator; and,
• The judge in your divorce case

When is the QDRO done?

• It can be started before a divorce is final, but cannot be completed until after the final decree.  The sooner after the final decree the better.

Special thanks to MEM for her generous contribution.