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DOL or IRS brochure or pub on QDRO?


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I seem to remember that either the IRS or DOL published a brochure on QDROs, but could not find it on their websites. If there is something available please provide the link.

SITUATION:

Divorce decree says Jane gets 50% John's 401k. Attorney for John doesn't want to do a qdro because "it's not in the divorce decree". I guess he just wants John to take an in-service dist and give the money to Jane. Doesn't make sense to me, since dist would be taxable to John, and he would have to pay early w/d penalties.

I'd like to give John's atty something that explains the nuts and bolts of QDROs. Thanks.

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I think you should be careful about sticking your nose into John's business, even if his lawyer is an ass. No good deed goes unpunished. Did someone ask you for infomation relating to QDROs? If so, there is no harm in referring people to government publications without further comment on the value or validity of the publication.

Follow Harwood's example.

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See www.dol.gov/ebsa/faqs/main.html towards the middle of the page at a section entitled Compliance Assistance -- Pension.

I second the expressed sentiments. Had an attorney for a former e/ee/participant demand that the E/er's PSP distribute $x out of former participant's account to former participant's ex-spouse-to-be. I responded that the only way ex-spouse was getting anything out of the Plan was pursuant to a proper QDRO. I even forwarded a copy of the Plan's QDRO Checklist so the atty. could be sure to cross all the t's and dot all the i's. Atty. then turns around and helps participant complete in-service distribution paperwork and then demands that the Plan process it ASAP. Nevermind the fact that a QDRO would've yielded no tax (income or penalty) to participant and would've allowed for ex-spouse to rollover her portion to an IRA. I have learned it oftentimes does not matter how many letters a person has behind his/her name b/c they can still be a dumbass...

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