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#742548 - 02/03/12 04:33 AM QDRO with out a Judgment/property settlement
blueskysalways Offline

recently joined

Registered: 10/29/11
Posts: 16
I do not have a divorce decree or final judgment. I have a stipulation and a trial ruling. 2 different judges have told me 2 different things, First judge told me several times I need a final judgment to do the QDRO. The account holders reference IRS section code 414(p) which states a
property settlement divorce decree is required to do the QDRO. Is the QDRO considered the property settlement? We have 3 401k accounts that have not been added to since separation and 1 pension that benefits have not been added to. Seem like these accounts should be community property split in half. Can I do a QDRO with out the decree property settlement?

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#742549 - 02/03/12 05:11 AM Re: QDRO with out a Judgment/property settlement [Re: blueskysalways]
Renny Offline

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Registered: 09/24/11
Posts: 479
You need a final judgment/decree of divorce/dissolution of marriage. The QDRO is tax creature that allows you to transfer funds without tax consequences from one spouses pension fund like a 401(k) to the other spouses fund.

Pensions accrued during the marriage re ubject to division as marital property. Usually 50/50.

No QDRO without a settlement agreement and final judgment.

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#742550 - 02/03/12 11:42 AM Re: QDRO with out a Judgment/property settlement [Re: Renny]
blueskysalways Offline

recently joined

Registered: 10/29/11
Posts: 16
My ex and I can't agree on a final judgment. We just had MSC, have a trail date set. Ex wants life time spousal and is complaining the 401k accounts have not been split. I provided letters to the current commissioner from the 401k and pension providers stating QDRO must meet IRS code 414(p) requirements. The commissioner responded he's seen it done before without a final property settlement/judgment. At this point I think I will fill out a QDRO form along with our ruling and stipulation. I would expect the plan administrator to reject it. Either way it would prove my diligence to the commissioner. I have the minutes from a prior court date that a different judge stated several times we can not do the QDRO until the final property settlement/judgment. That judge instructed us to get the final judgment done. The problem is I wont agree to lifetime spousal. I explained this to the current commissioner. Not sure what to do at this point.

BTW Thanks!!!!

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#742551 - 02/08/12 02:30 PM Re: QDRO with out a Judgment/property settlement [Re: blueskysalways]
blueskysalways Offline

recently joined

Registered: 10/29/11
Posts: 16
I think im starting to understand. We have a partial stipulation for judgment. That is our judgment over the issues in it? The retirement accounts are listed in it. That should be enough for the plan administrators to divide the accounts?

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