Qualified Domestic Relations Order // QUADRO

In many divorce cases, one spouse receives a share of the other’s retirement benefits, usually a 401(k) plan, and this is achieved by entry of what is known as a QUADRO, or a Qualified Domestic Relations Order.  The procedure is quite simple.  Once you are divorced, the case is held open while I draft an order pre-approved by the Plan Administrator so the transfer takes place as intended by the parties.  The order is then endorsed by me and the other party, sent to the judge for entry and then forwarded to the Plan Administrator who will set up a separate account on the same terms and conditions of the one being divided.  The amount of value being transferred has, of course, been agreed upon and set forth in the separation agreement.  Some divorcing couples agree on a set dollar amount.  Others agree on a certain percentage of the value as of the date of transfer or the value of the Plan on the date the parties separated.  It should be noted that the “new” account in the other spouse’s name can be rolled over into another Plan but this must be done carefully so as to avoid any income tax consequences.  If not rolled over, the “new” account is invested and handled on exactly the same terms as the account being divided.

Back to Blog Posts