Online Divorce Book Store
The Best Books About Divorce and Money

Taxes & Divorce: Qualified Domestic Relations Order:

A domestic relations order means any judgment, decree, or order (including a property settlement) which relates to the provision of child support, alimony, or marital property rights to a spouse, former spouse, child, or dependent, and is made pursuant to a state domestic relations law (Sec. 414(p)(1)(B)).

A qualified domestic relations order is a domestic relations order which creates, recognizes, or assigns the existence of an alternate payee's right to receive all or a portion of the benefits payable with respect to a participant under a plan (Sec. 414(p)(1)(A)(i)), and the following terms and conditions are met (Sec. 414(p)(1)(A)(ii)):

The Order must specify (Sec. 414(p)(2))

1) the name and last known mailing address of the participant and each alternate payee,
2) the amount or percentage of the participant's benefits to be paid by the plan to each alternate payee, or the manner in which the amount or percentage is to be determined, and
3) each plan to which such Order applies.

One cannot "cure" a distribution made under a defective QDRO to qualify such distribution as a qualified distribution pursuant to a QDRO.

A poorly drafted QDRO, or unsuspecting spouse without counsel, may find that he or she has given away not only the accrued benefit during marriage, but also the rights to receive future accrued benefits, including survivor benefits. Thus, a subsequent spouse may receive no pension benefit from the working spouse because the first spouse will be named as beneficiary of all the benefits.

Featured Download Manuals:The Download Center
What Happens to the Marital Home
Valuation of Businesses in Divorce Cases
Identification and Division of Dissipated Marital Assets
Identifying Unusual Types of Divisible Property
Division of Intellectual Property Interest Upon Divorce
Tracing Separate Property Through A Commingled Bank Account
Domestic Violence & Distributing Property Upon Divorce
Equitable Distribution of Stock Options
Equitable Distribution of Lottery Winnings
The Effect of Bankruptcy During Divorce

Featured Books:The Divorce Bookstore
The Property Division Handbook
Asset Protection from Divorce
Divorce & Money: Make the Best Financial Decisions
Fairshare Divorce for Women

Related Research Center Categories: Helpful Services:
Accounts
Antenuptial Agreements
Appraisals
Appreciation of Assets
Attorney's Fees
Bankruptcy
Classification of Assets
Closely Held Businesses
Closely Held Corporations
Corporations
Creditor's Rights
Debts
Disabilty Benefits
Dissipation of Assets
Division of Property
Double Dipping
Employee Benefits
Equal Division
Factors in Award
Financial
Forfeiture of Assets
Gifts
Goodwill
Income
Inherited Property
Interest on Assets
Joint Titling
Life Insurance
Marital Home
Military Benefits
Pensions
Premarital Property
Prenuptial Agreements
Prof. Licenses & Degrees
Professional Practices
Severance Pay
Social_Security_Benefits
Source of Funds
Stock Options
Tax Consequences
Transmutation of Property
Trusts
Valuation of Assets
Subsription Access to some research documents (those we license from independent legal research companies) are restricted to subscribers. In order to gain access to ALL of these documents, you must subscribe to establish an account. If you are already a subscriber, you may sign in before you begin your research. (Why Subscribe?)

Return to Taxes & Divorce Informational Section


Divorce Tip: #65 Holidays are the most difficult times to deal with a divorce. Try to be aware of this and make sure you are occupied with friends and/or relatives. Sponsored by: Men's Rights Manual for Divorce


DS Home Archives Bulletin Menu Chat Rooms Family Law Links Publications Menu Dictionary


The Research Center: (Divorce Cases of Interest)Research Home
Find Case Law, Case Analysis, and Divorce Information...
Keyword(s)

Research Tips
Info Categories
Find Professionals
Children Issues
Financial Issues
Divorce Laws
Pensions Issues
Surviving Divorce
More...
Featured Products
Book Store
Download Center
Divorce Forms
Sep. Agreements
Win Custody
Par. Agreements
Modification Forms
Support Calculations
For Professionals
Join Directory
Free Web Pages
Advertising
Web Design
Web Marketing
About Us
Site Map
Terms & Conditions
Privacy Statement
Contact Us
Link to Us
Advertising

Advertise With Us

Copyright© 1996-2009. All rights reserved by Divorce Source, Inc.
Comments & Suggestions?