Jump to content

QDRO in Defined Benefit Plans


Recommended Posts

Conversely, they don't have to be divorced for the spouse (ex- or otherwise) to get an award under a QDRO.

 

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.

Link to comment
Share on other sites

And to be real clear about this, it doesn't matter if it is a DB or DC plan, the answer would be the same.  

The reason the answers are what they are is because all the QDRO rules tell you is if you have a valid QDRO.  There are no QDRO rules that tell you what a QDRO has to say that isn't related to it being a valid QDRO or not. 

As such the plan benefits are just property that can be negotiated over in a property settlement during a divorce.  So if one party is willing to give up a part of their pension benefits as part of the property settlement, so be it from the plan's perspective (as long as there is a valid QDRO). 

Link to comment
Share on other sites

The answer to your question is with the applicable state's law.  A pre-condition to a QDRO is a domestic relations order, judgement, or decree (including a property settlement) valid under the particular state's law.  After that, the ERISA requirements are applied to determine if it is "qualified".

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...