Qualified Domestic Relations Orders (QDROs)

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What this video covers

  • What a Qualified Domestic Relations Order (QDRO) is and which retirement plans it governs under the Employee Retirement Income Security Act (ERISA) and Internal Revenue Code (IRC)
  • Why IRAs never require a QDRO and instead use a transfer incident to divorce, the most frequently tested trap on this topic
  • The four required elements that make a QDRO valid: names and addresses, plan name, amount or percentage, and number of payments or period
  • Why a QDRO cannot increase total plan benefits or require benefit types the plan does not already offer
  • How the 10% early withdrawal penalty is waived for QDRO distributions regardless of the alternate payee's age
  • The tax difference between a rollover to the alternate payee's own IRA or qualified plan and a cash distribution taxable as ordinary income
  • Whether a cash distribution under a QDRO is penalty-free, tax-free, or both

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This video's complete written lesson is free to read in the CertFuel app, no signup wall. The complete Series 65 course also includes adaptive practice questions and spaced-repetition flashcards, free through December 31, 2026.

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