A Qualified Domestic Relations Order (a.k.a “QDRO”) is an order from a court requiring the division of certain qualified retirement plans as a result of divorce. Many Idaho divorces involve the process of dividing community property, which includes monies accumulated in retirement accounts during marriage. Most retirement plans will not simply distribute funds from the accounts due to a plan participant’s divorce as retirement plans are subject to strict regulation to ensure fairness and accuracy. As a result, a QDRO is generally the only option available for the division of the majority of retirement accounts.
A QDRO is not automatically issued during the divorce process. Once the court enters an order dividing the parties’ property (or once the parties agree upon a property division), the spouse whose name is not on the qualified plan (a.k.a. the alternate payee) generally requests that the court issue a QDRO. The alternate payee spouse will want to contact the plan administrator to gather as much information as possible prior to seeking a QDRO from the court. The reason being, most qualified plans require specific information to be contained in the QDRO. Many plan administrators will provide you with a sample QDRO for your reference when seeking a QDRO from the court. Regardless, seeking a QDRO can be tedious and frustrating if not properly undertaken.
At Racine Olson, our divorce attorneys are located in our Pocatello, Idaho Falls, and Boise offices. Our family law attorneys will help you with your divorce, including obtaining a QDRO as a result of divorce, throughout Idaho, including Firth, Malad, Montpelier, Preston, Soda Springs, American Falls, Blackfoot, Pocatello, Idaho Falls, Rigby, Twin Falls, Rupert, Burley, and Boise.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Nathan Palmer and the Racine Olson team of Idaho divorce attorneys in Pocatello, Idaho Falls, or Boise. You can also email Nathan Palmer directly at nrp@racinelaw.net.
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