Qualified Domestic Relations Order (QDRO)

Primary tabs


Under the Employee Retirement Income Security Act ("ERISA"), a judgment, decree, or order regarding child support, alimony, or marital property rights that assigns the right to receive all or part of the benefits payable under a pension plan and that is made pursuant to a state's domestic relations law. 29 U.S.C. § 1056(d)(3). A qualified domestic relations order ("QDRO") is exempt from ERISA's anti-assignment provision. 29 U.S.C. § 1056(d)(3)(A)

Illustrative caselaw

See, e.g. Kennedy v. Plan Adm'r for DuPont Sav. and Inv. Plan, 129 S.Ct. 865 (2009).

See also