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Qualified Domestic Relations Orders

A qualified domestic relations order, or QDRO, is a legal order that splits or alters ownership of a retirement plan or pension following a divorce or legal separation. QDROs apply only to retirement plans subject to ERISA, the Employee Retirement Income Security Act, which is the federal law governing private sector pensions.

QDROs seek to equitably split the spouses’ retirement plans, which are typically presumed to be marital property since some contribution was presumptively made during the marriage (see Equitable Distribution for more). A QDRO may require payment of a portion of a retirement plan or pension to a spouse, former spouse, or child or other dependent of the employee. QDROs recognize the existence of another party’s right to receive all or a portion of the benefits due under an employer-sponsored retirement plan due to the obligations of the employee for spousal support, child support, or marital property distribution.