Why do I need a QDRO?

Without a QDRO the plan may not be aware of a divorce or a former spouse’s right to any of the plan benefits.  The plan may pay all of the benefits to the individual participating in the Plan and not the former spouse, even if there is a marital settlement agreement, because they generally do not meet the requirements of a QDRO.  Also, if the individual participating in the Plan dies after the divorce but without a QDRO it is possible that the former spouse will receive no money from the plan.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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