What is a qualified domestic relations order (QDRO)?

A qualified domestic relations order (QDRO) is a document used in Massachusetts divorce law that outlines how assets are to be divided between the two parties in a divorce. This document is typically used when one party is receiving alimony, child support payments, or an inheritance from the other. The QDRO also details how physical assets such as homes and land should be divided among the spouses. A QDRO is a court order that requires one spouse to transfer a portion of their retirement funds, pensions, or other assets to another. It is important that the QDRO is drafted properly to ensure that all of the needed details are included such as the amount of money or property to be transferred, the names of the parties involved, and the date of the transfer. In many cases, the QDRO will also specify how the payments should be made from the retirement plan. This could involve periodic payments, a lump-sum payment, or even a rollover of funds into an IRA or other retirement account. In some instances, taxes may be due on the transfer, and the QDRO should reflect that. Once the QDRO is signed by both parties and accepted by the court, it becomes legally binding and cannot be changed without the permission of both parties. It is important to note that the QDRO does not affect the actual divorce, though it is related to the division of assets.

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