What is a qualified Domestic Relations Order (QDRO)?

A Qualified Domestic Relations Order (QDRO) is a court order in Rhode Island that is legally binding and sets rules about how a divorcing couple’s retirement accounts are handled. It specifies the rights and duties of the former spouses and is required if any part of a retirement account is to be divided or transferred in a divorce. To be considered a qualified order, a QDRO must meet certain requirements. It must identify the parties in the divorce, the alternate payee who is receiving an asset, and the plan that is subject to the order. It must also provide a reasonable manner of calculating the alternate payee’s benefit as well as the amount or percentage of the benefit that will be received. A QDRO is important because it allows the former spouses to divide their retirement benefits in a way that is fair to both parties. Without it, the former spouse receiving the retirement benefit may not receive their share of the benefit. QDROs are also used in other situations beyond divorce, such as child support or spousal support. They are also used to make transfers from one retirement plan to another when an employee changes jobs. In Rhode Island, QDROs are issued by the Family Court. They are typically filed in the county in which the divorce was finalized. Other counties may also accept the order, but it is best to check with the court in which the divorce was finalized.

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