Common Questions About Drafting Qualified Domestic Relations Orders

Posted on June 1, 2007 by J. Benjamin Stevens

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.

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