Topic Archive: QDRO

How Does a Participant's Divorce Affect our 401(k) Plan?

DWC | 07/23/19

Facts

One of the participants in our 401(k) plan is going through a divorce, and we just received a court order directing us to provide a portion of his account to his ex-spouse.  I thought that retirement plan accounts had special protection against legal judgments.

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Spouse or Not a Spouse? That is the Question...of the Week

DWC | 06/4/19

Facts

Our company has sponsored a 401(k) plan for a while and although it’s not new to us that certain situations - from beneficiary designations to annual nondiscrimination testing - might require us to provide information about spousal relationships, we are seeing that different types of relationships, and statuses, are becoming more commonplace.

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Can We Split QDRO Fees Between Participant and Ex-Spouse?

DWC | 08/8/17

Facts

We have a participant who is going through a divorce and told us that he will be submitting a Qualified Domestic Relations Order to assign a portion of his 401(k) account to his ex-spouse. It is our normal practice (which has been communicated to our participants) to charge the participant’s account for the fees associated with reviewing and approving the order as well as segregating the award for the ex-spouse.

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