QDRO for Alimony

[Jack Stevenson]

Can you draft a QDRO for Alimony payments?

[QDROphile]

Yes: IRC section 414(p)(1)(B)(i).

The trick is to be able to reconcile your concept of alimony payments with the requirements of IRC section 414(p)(3)(A), among others. You can’t just tell the plan to make alimony payments in the same way a person would pay alimony to a former spouse. 

 

[Jack Stevenson]

4 hours ago, QDROphile said:

Yes: IRC section 414(p)(1)(B)(i).

The trick is to be able to reconcile your concept of alimony payments with the requirements of IRC section 414(p)(3)(A), among others. You can’t just tell the plan to make alimony payments in the same way a person would pay alimony to a former spouse. 

You can tell a Defined Contribution Plan to pay a Lump Sum payment without reference to Alimony? Am I correct?

[QDROphile]

A domestic relations order can provide for a single sum payment from a defined contribution plan to an alternate payee. The plan should be indifferent to the underlying reason for the payment unless something impermissible is presented. How the order is worded may pose a problem for the plan. The underlying reason and the wording is a matter for the domestic relations court. If alimony is the underlying basis (or one of the reasons) for awarding an interest to an alternate payee in a defined contribution plan, the order need not use the word “alimony”.

[fmsinc]

I suggest that before you waste your time responding the Jack Stevenson you take a look at his repetitive posts over the last few months.  https://benefitslink.com/boards/profile/103326-jack-stevenson/content/