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Without a QDRO the plan may not be aware of a divorce or a former spouse’s right to any of the plan benefits. The plan may pay all of the benefits to the individual participating in the Plan and not the former spouse, even if there is a marital settlement agreement, because they generally do not meet the requirements of a QDRO. Also, if the individual participating in the Plan dies after the divorce but without a QDRO it is possible that the former spouse will receive no money from the plan.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified qualified domestic relations order lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local qualified domestic relations order attorney to discuss your specific legal situation.