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Just have the Plan Administrator reject it as an invalid QDRO.

Such a petition could not force a distribution not otherwise allowed by the plan. Lou S.'s suggestion to reject the petition as failing to meet the standards of a valid QDRO is well made. With the notification of the rejection, send the plan's QDRO procedures and any model QDRO the plan may have. Best of luck and May the 4th Be With You. (Couldn't resist.)

My take on this (and your previous post) is that you're doing this for a very specific reason that none of us can discern. Whatever it is, it doesn't seem to be for the exclusive purpose of providing benefits to participants. ERISA 404(a)(1)(A). And that's why you're not finding the answer you're looking for here. Food for thought.

I agree with rcline. You are conditioning eligibility on contributing. I can't say for sure if it is discriminatory or definitely determinable or would take the plan out of prototype/volume submitter status; it is, at the very least, weird and awkward. Does it make all that much difference if you let everyone employed on 11/1 participate, and those who elect not to contribute just don't contribute? You can limit changes in contribution amounts to once a quarter or whatever.

If the intention was to obtain the funds needed to pay to the ex-spouse from the 401(k), sounds like somebody dropped the ball by not trying, in the first place, to accomplish that through a QDRO. They had lawyers, you say? Divorce lawyers (for either side) ought to be familiar with such things as 401(k) plans and QDROs.

QSLOB?