What is a QDRO?

About the Author

kathy costas

true Kathy Costas, CDFA®

Vice President
Westlake Village, California

A QDRO is a legal tool to divide certain assets in divorce. Learn how QDROs work and how to obtain one with EP Wealth financial advisor Kathy Costas. Advisors available nationwide.

 

What Is a QDRO?

A Qualified Domestic Relations Order (QDRO) is a legal document that recognizes that a spouse, former spouse, or other dependent (known as the alternate payee) is entitled to a predetermined portion of a participant’s asset plan. Because QDROs are fairly complex, it’s important to note the pros and cons to determine if this option is right for you.

Assets That May Qualify for a QDRO

While QDROs are typically associated with retirement accounts, they can actually be used to divide a variety of plans, including:

  • 401(k)s
  • 403(b)s
  • Defined benefit plans
  • Profit sharing plans
  • Stock options
  • Bonuses
  • Deferred compensation

To use a QDRO, the plan must qualify for certain tax treatments under Employee Retirement Income Security Act of 1974 (ERISA.) ERISA is a federal law that regulates employer-sponsored benefit plans to protect workers’ retirement assets.

As a CDFA® (Certified Divorce Financial Analyst)® I review my client's assets to determine if they qualify for a QDRO.


Tax Implications of a QDRO

One of the primary benefits of a QDRO is that it can assist participants and payees in mitigating potential tax consequences during asset division. Essentially, it’s a transition where the recipient is stepping into the shoes of the account owner.

Unlike other assets that may be taxed when divided, funds divided with a QDRO are not taxed. However, if you take money out of a qualified plan in the future, you will be taxed on those withdrawals.

An Overview of the QRDO Process

Preparing a QDRO takes several steps and the assistance of an attorney who specializes in filing them. Here’s a brief rundown of the process.

Once I’ve reviewed my clients’ plans and confirmed they qualify for a QDRO, their attorney begins drafting the document. This document lists the percentage of the participants’ benefits that the payee will receive and breaks down exactly how they arrived at this number. This involves a formula that takes into account the length of the marriage, amount of time the spouse was a participant in the plan, and the value of the account.

I remind my clients and their attorneys to incorporate verbiage in the QDRO to reflect any gains or losses that occur from the date of separation. Because these funds are usually invested, they are subject to market fluctuations—for better or worse. Both spouses should equally benefit (or weather) any changes in value from the time they separate until the accounts are divided.

Next, the draft of the QDRO is sent to the plan administrator for their approval. Once that approval is given, the document is then signed by the parties, and it’s sent to court. From there, it’s stamped by the courts and returned to the attorney. The attorney submits the signed and stamped QDRO to the plan and from there, the funds are divided.

THINGS TO CONSIDER

During divorce, my clients and I explore different approaches to dividing assets while aiming to retain their value and potentially mitigate the tax liability. As I mentioned, one of the main benefits of a QDRO is that it is not taxed as long as the funds are transferred to a retirement account.

However, a QDRO can be more involved than other methods of dividing retirement accounts. They require some reporting to the IRS, and there are time and money costs associated with that process.

At a minimum, it can take a few months to complete. But I have also seen some take years. I want my clients to understand they will not have access to these funds for a while if they are using a QDRO. So if that’s a concern, we can discuss alternatives if possible.

Also, you need to hire an attorney who specializes in the preparation of QDROs to assist with the process. With attorneys fees, a QDRO can cost anywhere from $1,500 – $2,000 on average. That’s important to consider, especially when multiple QDROs are part of the divorce settlement.

A QDRO can be a solution for some couples, and is the only way to divide assets that are held in a  qualified plan, ie. a 401K, 403b, pension etc., but there may be other ways to divide assets that are not part of an ERISA qualified plan such as an IRA, so that the time and expense of a QDRO is not required. Every client’s situation is unique and requires a customized approach to financial planning during a divorce

While divorce can be challenging, it’s incredibly rewarding to be in a position to support and guide couples as they navigate this chapter of their lives.

Visit this link to locate an EP Wealth financial advisor near you.

DISCLOSURES:

  • EP Wealth Advisors (“EPWA”) makes no representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information presented in this article. EPWA has used its best efforts to verify the information presented. However, EPWA cannot guarantee the accuracy or completeness of the information included. All expressions of opinion are subject to change without notice.
  • Content does not involve the rendering of personalized investment advice nor is it intended to supplement professional individualized advice. Always consult a financial professional regarding your unique financial circumstances.
  • As the author of this piece, EP Wealth Advisors, LLC (“EPWA”) has tailored the messaging of this article to align with the categories, services, qualifications, capabilities and services that it offers and can service. It is intended to serve as a tool containing general information that should assist you in the development of subsequent discussions with the appropriate professionals. EPWA makes no representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information presented. All expressions of opinion by the author are subject to change without notice.
  • EPWA is not in the business of providing legal services or advice. Always consult your tax advisor and/or attorney regarding your specific situation.
  • The Certified Divorce Financial Analyst® (“CDFA®”) that are employed by EP Wealth Advisors, LLC are not practicing attorney, accountant, tax professional, or legal expert. All assessments and subsequent recommendations limited and are performed exclusively under the guise of financial planning. An attorney must be retained in order to professional and accurately assess legal options and/or to provide counsel. We also recommend consulting a CPA, accountant, or tax professional.
  • Hiring or working with a CDFA® does not guarantee or ensure that a client or prospective client will experience encouraging or favorable results.
  • Information presented is general in nature and should not be viewed as a comprehensive analysis of the topics discussed. It is intended to serve as a tool containing general information that should assist you in the development of subsequent discussions. Content does not involve the rendering of personalized investment, tax, or legal advice nor is it intended to supplement professional individualized advice by the appropriate professional(s).
  • The decision to work with a CDFA® professional will differ amongst clients and depend on individual circumstances of each respective client. There is no guarantee or warrantee that the services offered by EP Wealth Advisors, LLC and/or a CDFA® will satisfy your divorce service needs. Services offered by other professionals may align more to your specific needs.
  • EP Wealth Advisors, LLC. is registered as an investment advisor with the SEC and only transacts business in states where it is properly registered, or is excluded or exempted from registration requirements. SEC registration does not constitute an endorsement of the firm by the Commission nor does it indicate that the advisor has attained a particular level of skill or ability.

FIND A FINANCIAL ADVISOR NEAR YOU

Our breadth of coverage across the U.S. means we’re local—here to serve your needs at your convenience.