The U.S. Department of Labor published an article which answers the following common questions about drafting Qualified Domestic Relations Orders (QDROs):
- What is the best way to divide a participant’s pension benefits in a QDRO?
- How much can be given to an alternate payee through a QDRO?
- Why are the reasons for dividing the pension benefits important?
- In deciding how to divide the participant’s pension benefits, why is understanding the type of pension plan important?
- What are survivor benefits, and why should a QDRO take them into account?
- How may the participant’s retirement benefit be divided if the pension plan is a defined contribution plan?
- How may the participant’s retirement benefit be divided if the pension plan is a defined benefit plan?
- May the QDRO specify the form in which the alternate payee’s benefits will be paid?
- When can the alternate payee get the benefits assigned under a QDRO?
- What is earliest retirement age, and why is it important?
Source: "Drafting Qualified Domestic Relations Orders" published at the U.S. Department of Labor website. Thanks to Grant D. Griffiths for his article on this subject published at his Kansas Family & DIvorce Lawyer blog.