Qualified Domestic Relations Order

In order to divide a pension or retirement account in conjunction with your divorce, a Qualified Domestic Relations Order (QDRO) is required. This legal document directs the pension plan or retirement account administrator to divide the pensions according to the terms of the divorce decree in compliance with the company pension plan guidelines and the Employee Retirement Income Security Act (ERISA) section of the Internal Revenue Tax Code.

Kristin Kirkner has extensive experience preparing QDROs for a variety of pension plans and retirement accounts, including division of military retirement, federal government pension plans under the CSRS and FERS, state retirement plans, private company defined benefit plans and 401(k) and IRAs.

Retirement and Pension Division Orders

Different retirement systems require different court orders. Using the wrong one is a common reason an order is rejected.

Qualified Domestic Relations Order (QDRO)

A QDRO divides private-sector retirement plans governed by ERISA, including 401(k) plans, IRAs, and private company defined benefit pensions. The order is submitted to the plan administrator for qualification.

Retirement Benefits Court Order (RBCO)

An RBCO divides a Thrift Savings Plan account. The TSP will not accept an order styled as a QDRO. The order must expressly refer to the Thrift Savings Plan and meet the requirements of 5 C.F.R. Part 1653.

Court Order Acceptable for Processing (COAP)

A COAP divides federal civilian retirement benefits under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). It is submitted to the U.S. Office of Personnel Management and must be drafted under 5 C.F.R. Part 838. An order labeled as a QDRO is not acceptable to OPM unless it expressly states it is governed by Part 838.

Send Us Your Case Documents

Please provide your final judgment, marital settlement agreement, and a recent statement for the account being divided. Someone from our office will follow up with you shortly.