Can the Alternate Payee get the whole retirement plan?

Post Reply
ntang
Posts: 31
Joined: Fri Mar 02, 2018 12:01 am

Can the Alternate Payee get the whole retirement plan?

Post by ntang » Fri Mar 02, 2018 12:46 am

Can a QDRO provide that all of the participant's accrued benefits are to be paid to the alternate payee?

lduffy
Posts: 29
Joined: Thu Mar 01, 2018 10:15 pm

Re: Can the Alternate Payee get the whole retirement plan?

Post by lduffy » Fri Mar 02, 2018 1:09 am

Yes. It is a common misconception that an alternate payee is only entitled to half of the participant's vested accrued benefit under the plan. If a state domestic relations court decides that the alternate payee is entitled to 100 percent of the participant's pension benefits, the plan administrator will be obligated to follow the order pursuant to its terms if the order otherwise satisfies the qualification requirements for QDROs.

Post Reply