Before 1985, there was no way to attach the assets in a qualified pension plan for a spouse in a divorce proceeding.
Avoiding Traps in QDROs
Before 1985, there was no way to attach the assets in a qualified pension plan for a spouse in a divorce proceeding. While a state court may have awarded a portion of the benefit, a plan administrator could not comply based on the federal laws governing pension plans (there were some exceptions for benefits already in pay status). The Retirement Equity Act of 1984 altered that by adding to the Internal Revenue Code ' 414(p), which allows qualified pension plans to divide plan assets if ordered through a properly drafted Qualified Domestic Relations Order (QDRO). The rules surrounding QDROs are complex; guidelines now abound, including guidance from both the IRS and the Pension Benefit Guarantee Corporation. What follows are some tips to assist drafters in avoiding common traps in these subtle documents.
By
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