Legal Question in Family Law in Massachusetts

QDRO stands for Qualified Domestic Relations Order. It is an order that transfers retirement assets from one spouse to another. The reason that special orders are necessary is that the order must consider rules, regulations, and requirements of the Trustee of the retirment asset. The Trustee is th entity that holds the money. A pension must be treated differently from a IRA account. As a general rule, a QDRO takes effect upon approval by a Judge.

A Qualified Domestic Relations Order QDRO is an order from the court as part of a final divorce judgment which acts to transfer, from your former spouse to you, a percentage interest in retirement or pension plan under which he will receive certain payments when he retires or otherwise becomes eligible for benefits under the plan. Once your former spouse begins receiving benefits under the plan a percentage of those benefits will be paid directly to you.

It is very important that you make certain that a certified copy of the QDRO has been delivered to the plan administrator so that the plan is aware of your ownership interest.