Guest Just Visiting Posted December 24, 2002 Posted December 24, 2002 Are the spouses ( or either of the spouse's) signature required on a divorce decree? or is the judge's signature sufficient
david rigby Posted December 24, 2002 Posted December 24, 2002 Sufficient for what? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
mal Posted December 26, 2002 Posted December 26, 2002 I assume you mean sufficent for purposes of a QDRO. I review and draft such orders and can tell you that I would require only a time-stamped copy from the clerk's office which has the judge's signature. The signature of the parties would seem to be required only if it is deemed necessary by state domestic relations law.
mbozek Posted December 27, 2002 Posted December 27, 2002 Just: Without knowing what kind of documents you are referring to it is impossible to answer the question. Also you have posted the question on the message board for IRAs which are not subject to QDRO requirements. IRAs are divided and tranferred tax free under a divorce or separation instrument and do not require approval of the plan administrator. mjb
Guest Just Visiting Posted December 27, 2002 Posted December 27, 2002 pax---sufficient for an IRA custodian to process the transfer due to divorce between the two IRAs ( for the defendant and the plaintiff) mal --- Actually, I am referring to a divorce decree, which was issued for an IRA. (As mbozek said, QDROs apply to qualified plans)- but I agree with your conclusion. I actually did some research on the topic, and the law varies among states and also varies depending on the type of divorce-disputed or not-disputed mbozek- I am in the right place- mal mentioned QDRO… funny you should say that- you would be surprised by the number of judges who gets the terms confused or just issue QDRO for IRAs Thanks everyone- your comments have been very helpful
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