Your Quick Guide to Understanding QDROs!

Feeling lost in the sea of legal terms and acronyms like ERISA when dealing with QDROs? Don’t worry! Here’s a simplified cheat sheet to help you navigate the world of retirement benefit division during a divorce. 

Who’s Who in a QDRO: 

  • If You Have the Retirement Plan: You’re the Participant, Employee, or Member
  • If You’re Getting Money from Your Ex’s Plan: You’re the Nonmember, Alternate Payee, Payee, or Former Spouse

Simplifying the Jargon: 

Defined Benefit Plan: Think of it as a pension or retirement plan giving monthly payments or a lump sum when it’s time to use your benefits. Clues like “pension plan” or “defined benefit plan,” “cash balance plan” and sometimes “deferred compensation plan” in the name will tip you off. 

Defined Contribution Plan: This plan puts pretax money into your account, with contributions from you, your employer, or both. Plan names containing “401(k),” “profit-sharing,” “savings,” “money purchase pension,” “employee stock ownership (ESOP),” “401(a),” “457(b),” “403(b),” “tax-sheltered annuity,” “thrift savings,” or “deferred compensation” indicate you’re dealing with this type. 

California Joinder Pleading: Unique to California, this step involves making your retirement plan aware of the divorce, ensuring your plan knows there’s a claim against the benefits. It’s a must for public plans in California and a good idea for private ones too. Does not work for military or federal employees. 

Notice of Adverse Interest (NAI): Used mainly outside California, an NAI tells a plan there’s a divorce happening, usually freezing the benefits until a QDRO is in place. Does not work for military or federal employees. 

Domestic Relations Order (DRO): Required for splitting public retirement plans like those for state employees, federal workers, or the military. These plans have names like PERS or STRS for state workers, or CSRS and FERS for federal employees. 

ERISA: Short for the Employee Retirement Income Security Act of 1974, it governs private retirement plans, ensuring an ex-spouse can receive payments for marital property or support. 

QDRO: A court order that divides a private retirement plan (including union plans). With over 300,000 private plans out there, it’s crucial to get this right to ensure fair division and that you are not missing a plan which often happens. And yes, it gets confusing because sometimes all types of retirement division orders whether private or public are lumped together as “QDROs”! 

Feeling a bit more confident about navigating your QDRO? Keep this guide handy as you work through dividing retirement benefits in your divorce. It's a complex process, but understanding these basics is a great first step! 

Disclaimer: Communications between you and QDROCounsel are protected by our Privacy Policy but not by the attorney-client privilege or as work product. We are a legal services support company and legal document drafting platform and not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies specific to your case. Communication of information by, in, to or through this Website and your receipt or use of it (1) is not intended to convey or constitute legal advice, and (2) is not a substitute for obtaining legal advice from a qualified attorney. We provide information of a general nature to assist you with our services. QDROCounsel provides access to a referral network of independent attorneys, valuation experts, non-profits, and self-help services who assist with pension division. You must enter into a separate agreement with them for services. Your access to our Website and Applications is subject to our Terms of Use.

Copyright © 2024 All rights reserved.