Sound Beach, NY asked in Family Law for New Jersey

Q: RE: QDRO in NJ What provision of NJ state domestic relations statute does order implement....

I have a sample qdro from plan administrator which I am completing based on jod but there is a part I don’t understand what they want. It reads: “This order is issued (cite specific provisions of the state domestic relations statute which order implements)

Related Topics:
1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: QDRO stands for qualified domestic relations order.

As a general statement, qdro's are used to divide employment-related retirement assets subject to division in a divorce order or contained in the divorce settlement agreement.

If there is a divorce judgment/settlement agreement that provides that a party is entitled to a specific share of their former spouse's retirement account/plan, the division of that retirement asset is either handled through a "roll over" from the account to an IRA account in the other party's name or through a QDRO, which is an order that is served on the retirement plan administrator with direction to divide the participant's retirement plan in accordance with the terms of the order.

Presuming that the qdro is prepared properly in accordance with the requirements of the plan, the plan admin will then approve of the qdro and separate out the other party's share of the plan into a separate account for payment purposes.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.