You have to draft a separate QDRO for each retirement account tailored to the requirements for that plan.
Why is this? Each plan is governed by different rules depending on the plan type (i.e. 401(k), Pension Plan, 403(b)). If the retirement account is based on employment with your state or federal government, the QDRO must comply with those plan rules and law. Likewise, if the retirement account is based on your employment with a private employer, the QDRO must also meet certain retirements required under federal law. In addition, for most mid to large employers, their employees have two types of retirement plans – a defined benefit plan and a defined contribution plan.
You may not be sure what plans should be divided and/or you want to make sure you do not miss a plan that you didn’t know about. QDROCounsel can help make sure you don’t miss a plan and the appropriate QDRO is draft to reflect what was awarded in your divorce.