Qualifying Retirement Plans for In Marriage QDRO®

Qualified ERISA-based plans

  • 401(k)
  • 401(a)
  • 403(b)
  • Corporate Pension Plans
  • Some employee stock ownership 457 plans

Non ERISA-based plans which may be eligible for an In Marriage QDRO®

  • Some state and metro pension plans (depending on statutory language and whether it includes the requirement of a divorce or legal seperation)
  • Federal Thrift Savings Plan

Plans which are not eligible for an In Marriage QDRO®:

  • Military pensions
  • Federal pensions (FERS and CSRS)
  • Railroad retirement plan
  • Privately Sponsored Non-Qualified Stock Plans
  • IRA’s & SEPS