QDRO - divorce decree from foreign jurisdiction

[Guest SHM]

Does anyone have any insight into the QDRO qualification process in which a divorce decree is issued from a Canadian court? One of the parties is a participant in 401(k) plan, and the decree entitles his ex-spouse to a portion of his 401(k) account. Since the DRO is not issued from a state court, it seems as though the plan administrator cannot qualify it. What is the process that non-U.S. citizens have to go through to get a QDRO from the appropriate state authority?

[Guest strawberry]

Does anyone have any insight into the QDRO qualification process in which a divorce decree is issued from a Canadian court? One of the parties is a participant in 401(k) plan, and the decree entitles his ex-spouse to a portion of his 401(k) account. Since the DRO is not issued from a state court, it seems as though the plan administrator cannot qualify it. What is the process that non-U.S. citizens have to go through to get a QDRO from the appropriate state authority?

Did you get this solved? I have a similar situation. Divorced in Germany but lived and saved into 401K in the states. Any ideas of what to do?

[mbozek]

Does anyone have any insight into the QDRO qualification process in which a divorce decree is issued from a Canadian court? One of the parties is a participant in 401(k) plan, and the decree entitles his ex-spouse to a portion of his 401(k) account. Since the DRO is not issued from a state court, it seems as though the plan administrator cannot qualify it. What is the process that non-U.S. citizens have to go through to get a QDRO from the appropriate state authority?

Did you get this solved? I have a similar situation. Divorced in Germany but lived and saved into 401K in the states. Any ideas of what to do?

You need to get the divorce decree approved as a domestic divorce decree in the state where the party resides and then see if a state ct will approve the divorce as a QDRO or have a state court approve a QDRO based on the divorce decree.