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What Is QDRO (Qualified Domestic Relations Order)?

Quick definition

A court order that divides retirement accounts in divorce without tax penalties.

A Qualified Domestic Relations Order (QDRO) is a legal document that allows a retirement plan to be divided between divorcing spouses without triggering early withdrawal penalties or immediate tax consequences. It applies to employer-sponsored plans like 401(k)s, 403(b)s, and pension plans. The QDRO directs the plan administrator to pay a specified portion of the account to the non-employee spouse (called the alternate payee). Without a QDRO, withdrawing funds from a retirement account before age 59½ would typically incur a 10% early withdrawal penalty plus income taxes. The QDRO process involves drafting the order, having it approved by the court, and then submitting it to the plan administrator for approval. Note that IRAs do not require a QDRO — they can be divided through a transfer incident to divorce under the divorce decree.

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This definition is for general educational purposes only and does not constitute legal or financial advice. Laws vary by state and change frequently. Consult a qualified professional for guidance specific to your situation.

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