A QDRO is a legal order that allows a retirement plan to pay a portion of the benefits to someone other than the employee—typically a former spouse. The administrator of the Seen Merchandising, LLC 401(k) Profit Sharing Plan must review and approve the QDRO before any benefits are distributed. The QDRO must meet both IRS and ERISA requirements.
Required Information
To be considered valid, your QDRO must include:
- Full names and mailing addresses of both the plan participant and alternate payee (typically the ex-spouse)
- Marital status and relationship of both parties
- Social Security numbers (not filed publicly)
- Exact plan name: Seen Merchandising, LLC 401(k) Profit Sharing Plan
- EIN of the sponsor: Seen merchandising, LLC 401(k) profit sharing plan (to be retrieved)
- Specific dollar amount or percentage to be allocated
Employer and Employee Contributions
Properly dividing a 401(k) plan means accounting for both employee deferrals and any employer contributions made to the participant’s account. With the Seen Merchandising, LLC 401(k) Profit Sharing Plan, you must determine what portion of the total account value came from each party. Be aware that employer contributions may be subject to a vesting schedule, which could reduce the alternate payee’s share.