QDRO to a non-citizen

[HCE]

I received a QDRO where the Participant is a US citizen but the AP is not.  Since the AP doesn't have a SSN, he would like to provide his ITIN instead.  Are there any issues with using an ITIN or with the AP not being a US citizen?  

It should be noted that the AP is actively seeking citizenship, although that is no guarantee, of course.

I can't think of any issues, but I just thought the community here could help me brainstorm if there is something I'm not considering.

Thank you!

 

[JM]

I think the AP needs to complete the IRS "W-8Ben" form as a non-citizen AP.