What is a qualified domestic relations order (QDRO)?
A qualified domestic relations order (QDRO) is a court order used in Oklahoma divorce law. It is designed to protect the financial interests of both spouses and to divide retirement benefits between the parties. This order allows for the transfer of a portion of one spouse’s retirement account to the other spouse when the marriage is dissolved. In order for the QDRO to be valid, the order must meet certain requirements set forth by state and federal law. A QDRO must contain the name of the retirement plan, the name of the plan administrator, the name of the participant-spouse, the name of the alternative-payee-spouse, the amount or percentage of the participant’s benefits to be paid to the alternative-payee, and the payment period during which payments are to be made. It must also include language that directs the plan administrator to comply with the court’s order and to treat the alternative-payee as the participant-spouse’s “accured spouse” or “former spouse”. Once the QDRO is approved by the court, copies of the order should be sent directly to the plan administrator and to the spouses’ attorneys. The plan administrator will then approve or reject the order. If it is approved, the plan administrator will then create an account for the alternative-payee-spouse and begin making payments as directed by the court. Due to the complexity of QDROs, it is advised that parties affected by a divorce in Oklahoma seek legal advice from a qualified attorney regarding their rights and obligations under Oklahoma divorce law.
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