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What Happens to your 401k or IRA in a divorce?...You'll Need to understand a QDRO

A QDRO is basically a document, drafted in a specific way, that recognizes an alternate payee for the assets within the account. In other words, it's a court order that guarantees that more than one person will benefit from the retirement savings.

A QRDO is a domestic relations order, meaning it is made by a judge or decree, and is as serious as child support, alimony, or any other property granted to a each spouse in a divorce. The state must enter a judgement or decree endorsing or approving the QDRO, and it must also be recognized by the federal government under ERISA.

Regardless of your age, money withdrawn through a QDRO is not subject to the typical 10 percent early withdrawal penalty....So if you receive your spouses IRA or 401k assets it may makes sense to withdraw money you may need and roll remaining funds over to your own IRA.  Make sure to discuss with the plan custodian.

The Department of Labor provides frequently asked questions.

Courtesy of About.com

Posted on Tuesday, March 31 by Registered CommenterWise Owl in | Comments Off