Is a QDRO necessary for all types of retirement plans?
You will need a QDRO for any private employer’s retirement plan (such as defined benefit pension, 401(k), stock bonus, profit-sharing, thrift & savings, and employee stock ownership plans) in which you and/or your spouse have money. Without a QDRO, such plans are prohibited by federal law from distributing money to anyone other than the participant. Although government retirement plans (for example, military pensions, federal, state, county, or city retirement plans) are not subject to QDRO rules, these plans typically require a court order, similar to a QDRO, for dividing retirement benefits. McHenry QDRO Consulting has experience in drafting these Retirement Benefits Court Orders.