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QDRO question


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This might be a stupid question, but here goes.

A QDRO says that the former spouse is to be treated as the surviving spouse for the participant in a 401(k) that is subject to the QJSA rules. The participant does not remarry. The participant then terminates employment. When he wants to take his money out of the plan, does he have to get spousal consent since his ex is till his spouse under the QDRO or is the ex only considered his spouse for purposes of getting the death benefit should the participant die?

Thanks

Carolyn:

Carolyn

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The ex must consent to any distribution (or loan if a 401(k)).

Sounds to me like she was awarded some sort of an interest in the 401(k). Therefore, she is allowed the right to protect her interests (i.e., not consent to a lump-sum).

No studpid questions by the way! There are however, stupid answers, and I hope mine is not one of them!

Austin Powers, CPA, QPA, ERPA

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