Legal Separation or other documents

[Guest rgfleming]

Does a legal separation qualify as a domestic relations order?

[chris]

You'll get more in depth answers from others I'm sure, but short answer is no..... assuming all that's happened is that the parties have agreed and intend to live separate and apart for whatever the requisite time period is required under the applicable state law. A similar related question might be that the two parties have separated and have each agreed per a separation agreement as to what happens to the plan benefits of one or the other of them. That also would not be enough. There needs to be a court order regarding/ addressing the handling of the disposition of the couple's property.

[Appleby]

chris is correct,

A QDRO must meet certain requirements that cannot be satisfied with a legal separation agreement. See Notice 97-11- attached

IRS_Notice_97_11.pdf

[QDROphile]

And what requirements would those be? I can't see those trees in that forest.

[Guest Kevin A. Wiggins]

You must have something that is approved by a State authority - usually a court. A legal separation is usually not approved by the court.