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Who creates a QDRO?

A QDRO is a term of art defined by section 206(d) of the Employee Retirement Income Security Act of 1974 (ERISA). Specifically, a QDRO is a domestic relations order issued by a state agency or institution (usually a state court) with the authority to issue an order or garnish wages.

Can a QDRO be denied?

At times plan administrators reject QDROs based on misinformation. Ensuring all the necessary information is accurate will help minimize the rejections. At times plan administrators reject QDROs based on misinformation. Ensuring all the necessary information is accurate will help minimize the rejections.

Can I draft my own QDRO?

Can my spouse and I draft our own QDRO? You and your spouse should not draft your own QDRO. This is ultimately because the QDRO is a highly technical document and is very difficult to draft without experience and specialized knowledge in this area.

What is the form for a QDRO?

Note: A separate Attachment to Qualified Domestic Relations Order for Support (form FL-461) that sets forth the social security number of any participant named above must be completed and served on the Plan with a copy of this order. The Plan will require this information for tax reporting purposes.

What retirement accounts require a QDRO?

A QDRO applies only to a company retirement plan a 401(k), 403(b), or similar plan. It doesnt apply to an IRA. Exceptions apply to every rule, and its always best to get solid tax advice before you make any distribution, due to the potential tax consequences of the division.

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