Why You Need a QDRO
This plan, like all 401(k) plans, falls under ERISA (Employee Retirement Income Security Act) and the Internal Revenue Code. That means it doesn’t allow just any division of funds. A QDRO is the only way a spouse (technically called the “alternate payee”) can legally receive a portion of the account without early withdrawal penalties or tax consequences.
Without a QDRO, even a divorce court order won’t be enough to divide the plan. The administrator of the Axiom Technology, Inc.. 401(k) Profit Sharing Plan will reject any non-qualifying document.

