I agreed to pay my ex-spouse a distribution from my 401k as part of our divorce agreement in 2019. Would the language in the divorce agreement qualify this as a QDRO?

Gochs · ‎July 7, 2020

What qualifies as a QDRO from a divorce?

macuser_22 · ‎July 7, 2020

A QDRO is usually specified in a divorce decree and is part of it:

See:

https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-dome...

And:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwi_8cuPmbzqA...

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

dmertz · ‎July 7, 2020

If the distribution was from your 401(k) paid to you and then you gave the money to your ex-spouse, it is not a distribution to an alternate payee under a QDRO, it does not qualify for that exception to any early-distribution penalty and you are the one responsible for the tax consequences of the distribution.

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I agreed to pay my ex-spouse a distribution from my 401k as part of our divorce agreement in 2019. Would the language in the divorce agreement qualify this as a QDRO?