Qualified Domestic Relations Order

A court may employ the use of a Qualified Domestic Relations Orders (QDRO) to allocate benefits from the retirement account of one spouse to the other spouse in a divorce settlement. This can be used to cover alimony payments, child support payments, or to divide the couple’s marital property.

If you are considering a divorce and would like to find out more information on your legal options, contact the dedicated Oceanside divorce attorneys of Fischer & Van Thiel, LLP, at 760-722-7646 today.

Features of a QDRO

The following list describes some of the features of a Qualified Domestic Relations Order:

• To be part of a QDRO, an account must be a retirement account.
• A portion or the entire retirement account may be used under a QDRO.
• If a QDRO provides you with benefits from a retirement account, you will be considered to be a plan participant.
• Benefits from a QDRO are taxable even if they are used instead of child support payments, which are usually not taxable.

There are a number of other features of QDROs that you should learn about before proceeding with your divorce. Your spouse can obtain information about your retirement plan through your employer’s retirement plan administrator. The spouse will have to provide proof that the inquiry is in regards to a domestic relations or divorce case.

Contact Us

If you are considering a divorce and would like to find out more information about your legal rights, contact the experienced Oceanside divorce attorneys of Fischer & Van Thiel, LLP, at 760-722-7646 to schedule an initial consultation.