QUALIFIED DOMESTIC-RELATIONS ORDER

qualified domestic-relations order.A state-court order or judgment that relates to alimony,

child support, or some other state domestic-relations matter and that (1) recognizes or provides for

an alternate payee’s right to receive all or part of any benefits due a participant under a pension,

profit-sharing, or other retirement benefit plan, (2) otherwise satisfies § 414 of the Internal

Revenue Code, and (3) is exempt from the ERISA rule prohibiting the assignment of plan benefits.

  • Among other things, the QDRO must set out certain facts, including the name and last-known

mailing address of the plan participant and alternate payee, the amount or percentage of benefits

going to the alternate payee, and the number of payments to which the plan applies. The benefits

provided under a QDRO are treated as income to the actual recipient. IRC (26 USCA)§

414(p)(1)(A); 29 USCA § 1056(d)(3)(D)(i). — Abbr. QDRO. [Cases: Divorce 252.3(4); Internal

Revenue 3587; Pensions 133. C.J.S. Divorce §§ 553–559, 564; Internal Revenue § 313;

Pensions and Retirement Plans and Benefits §§ 72, 88.] [Blacks Law 8th]