Qualified Domestic Relations Order (QDRO): What It Is
A qualified domestic relations order (QDRO) is a domestic relations order that creates or recognizes an alternate payee's right to receive all or part of a participant's retirement benefits and that meets federal requirements. It is how part of a retirement plan can go to a former spouse in a divorce.
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What it does
The U.S. Department of Labor explains that federal law generally bars participants from assigning their retirement plan interests to others. A QDRO is a limited exception. It lets a domestic relations order assign retirement benefits to satisfy family support or marital property obligations. Plans must pay benefits in accordance with a QDRO submitted to the plan administrator.
A domestic relations order is a judgment, decree or order, including approval of a property settlement, issued under state domestic relations law.
Who can receive benefits
Only a participant's spouse, former spouse, child or other dependent can be an alternate payee. A single QDRO can cover more than one retirement plan, of the same or different employers, if each plan and its assigned benefits are clearly specified.
What to do
A divorce judgment alone may not be enough. The order must include required information and meet federal requirements, and the details depend on the plan type. Ask the plan administrator and a family law attorney.
Frequently asked questions
Is a QDRO the same as a divorce decree?
No. A decree ends the marriage. A QDRO is a separate order, or part of a court order, that meets the requirements for dividing a retirement plan.
Who files a QDRO with the plan?
The Department of Labor says plans must pay benefits in accordance with a QDRO submitted to the plan administrator. Ask the plan for its procedures.
Can a child receive benefits through a QDRO?
Yes. The Department of Labor lists a child or other dependent as a possible alternate payee.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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