QDRO
I believe that QDROs are permitted in cases involving formal separation agreements and not soley to divorce situations. Is my understanding correct?
Thank you,
TD
I believe that QDROs are permitted in cases involving formal separation agreements and not soley to divorce situations. Is my understanding correct?
Thank you,
TD
Permalink Submitted by Alan Spross on Tue, 2008-03-04 04:02
Yes.
See att’d:
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Who can be an Alternate Payee?
A domestic relations order can be a QDRO only if it creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or a part of a participant’s benefits. For purposes of the QDRO provisions, an alternate payee cannot be anyone other than a spouse, former spouse, child, or other dependent of a participant.
Reference: ERISA § 206(d)(3)(K), IRC § 414(p)(8)
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