Do I need to get a QDRO?

Updated March 13, 2023.

If you are entitled to a share of your spouse’s retirement, the Judgment or Decree of Divorce will establish your rights in this regard. However, the Judgment does not transfer this interest to you, but merely identifies your rights. You need a QDRO to direct the plan administrator to transfer the funds into your own account and/or send you a check for your share of any monthly pension payments. Otherwise, your interest will remain in your spouse’s account and/or your share of the monthly payments will be sent to your spouse, and you will need to rely on your spouse to provide you with your interest. This tends to be a highly unreliable method of receiving your interest and is difficult to enforce if it isn’t done.

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