Qualified Domestic Relations Orders (QDRO)

The alternative would be to actually divide the retirement benefits themselves. In most instances, but not all, this is possible. For those retirement benefit plans that are made available through private organizations (i.e., employers, etc.), this is as a result of the Retirement Equity Act of 1984, and it’s result, the Qualified Domestic Relations Orders, who provide the legal means by which to divide these assets. In short, the employment of a QDRO essentially assigns the non-employee spouse a portion of the retirement benefit as a "alternate payee". In many cases, this is the most pragmatic and simplest solution to the retirement benefit question.

For those retirement benefit plans which are not sponsored by the private sector, a QDRO may not be employed. These would include the U.S. Civil Service Retirement System, Federal Employees Retirement System, military pensions, as well as many local and state government plans. In these instances, oftentimes these plans can be divided by court order. However, each different government pension has its own type of specialized court which will make the final determinations. The same can be said for state and local government pensions. Another significant situation in which QDROs are not eligible would be Individual Retirement Accounts (IRAs). However, IRAs are easily divided or able to be transferred to separate accounts without the need for a QDRO.



Useful Online Tools

Suggested Reading
The Property Division Handbook The Property Division Handbook
This book will explain in detail the property distribution aspect of divorce and separation. It will focus on the rights each spouse has under certain laws, situations, and circumstances, and how the division of the property will be decided by the court or through negotiation.

Download Now


Recent Related Blog Posts
    All Property & Debt Blog Posts

Related Article Archives
Cost of Divorce
Financial Planning & Divorce
Property & Debt Division
Property Valuations
Premarital Agreements
    All Article Archives

Related Categories
Alimony & Spousal Support
Divorce Financial Planning
Divorce Laws
Estate Planning & Divorce
Pensions & Divorce
    All Categories
Related Forums
Bankruptcy
Financial Aspects
Pensions
Property & Debt
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
   
COMMUNITY PROPERTY VERSUS EQUITABLE DISTRIBUTION -- There are two basic ways to handle divorce property division: Community Property: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico are community property states. This means that all marital property is typically defined as community property or separate property. When divorcing, community property is typically divided evenly, and each spouse keeps his or her separate property. Equitable Distribution: All other states follow equitable distribution. This means that a judge decides what is equitable, or fair, rather than simply splitting the property in two. In practice, this may mean that two-thirds of the property goes to the higher earning spouse, with the other spouse getting one-third.
Start Divorce

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Featured Book Divorce & Money: How to Make the Best Financial Decisions

Divorce & Money: How to Make the Best Financial Decisions

Divorce & Money: How to Make the Best Financial Decisions

 

Featured Download What Happens to the Marital Home Upon Divorce

What Happens to the Marital Home Upon Divorce

What Happens to the Marital Home Upon Divorce

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"