Family Court: Dividing Property
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§4.10 QDRO Statutory Requirements

An order or judgment meets the QDRO statutory requirements only if the order clearly specifies the following [29 USC §1056(d)(3)(C)]:

  • The name and the last known mailing address of the participant and the name and mailing address of each alternate payee covered by the order;
  • The amount or percentage of the participant's benefits to be paid by the plan to each such alternate payee, or the manner in which such amount or percentage is to be determined;
  • The number of payments or period to which the order applies; and
  • Each plan to which the order applies.

For a Judicial Council form of QDRO, see form FL-460.

   

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