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QDROs - Division of Pensions FAQ #8

8. Must a domestic relations order be issued as part of a divorce proceeding to be a QDRO?
A domestic relations order that provides for child support or recognizes marital property rights may be
a QDRO, without regard to the existence of a divorce proceeding. Such an order, however, must be
issued pursuant to state domestic relations law and create or recognize the rights of an individual who
is an alternate payee (spouse, former spouse, child, or other dependent of a participant).

An order issued in a probate proceeding begun after the death of the participant that purports to
recognize an interest with respect to retirement benefits arising solely under state community property
law, but that doesn't relate to the dissolution of a marriage or recognition of support obligations, is not
a QDRO because the proceeding does not relate to a legal separation, marital dissolution, or family
support obligation.

Reference: ERISA § 206(d)(3)(B); IRC § 414(p)(1); Advisory Opinion 90-46A; see Egelhoff v. Egelhoff
121 S. Ct. 1322, 149 L. Ed. 2d 264 (2001); see Boggs v. Boggs, No. 97-79 (S. Ct. June 2, 1997)

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