QDROs & Special Situations

Special circumstances in retirement planning require understanding specific rules for divorce, inheritance, and hardship situations. These situations often appear on the Series 65 exam.

Qualified Domestic Relations Orders (QDROs)

A Qualified Domestic Relations Order (QDRO) is a court order that recognizes an alternate payee's right to receive all or part of a participant's retirement plan benefits, typically as part of a divorce.

QDRO Requirements

For a domestic relations order to be "qualified," it must:

RequirementDetails
Court OrderIssued by state domestic relations court
Alternate Payee IdentifiedSpouse, former spouse, child, or dependent
Plan IdentifiedNames the specific retirement plan
Amount SpecifiedStates dollar amount or percentage
Method SpecifiedHow and when payments will be made

Which Plans Require a QDRO?

QDRO RequiredQDRO NOT Required
401(k), 403(b), 457 plansTraditional IRAs
Defined benefit pensionsRoth IRAs
Profit-sharing plansSEP-IRAs
Most ERISA-covered plansSIMPLE IRAs

On the Exam: A QDRO is required for employer-sponsored qualified plans. IRAs can be divided through a "transfer incident to divorce" under the divorce decree—no QDRO needed.

Tax Treatment of QDRO Distributions

SituationTax Treatment
Rollover to IRATax-deferred (no current tax)
Direct Payment to Alternate PayeeTaxable as ordinary income
10% Early Withdrawal PenaltyDoes NOT apply to QDRO distributions

Key Benefit: Unlike most early distributions, QDRO payments to an alternate payee are exempt from the 10% early withdrawal penalty, even if the recipient is under age 59½.

What a QDRO Cannot Do

  • Require the plan to pay more than it otherwise would
  • Provide a form of benefit not offered by the plan
  • Require benefits already assigned to another alternate payee
  • Direct payment of benefits to someone other than a spouse, former spouse, child, or dependent

Inherited Retirement Accounts

The rules for inherited retirement accounts changed significantly with the SECURE Act (2019) and SECURE 2.0 (2022).

Spousal Beneficiary Options

Surviving spouses have the most flexibility:

OptionDescription
Treat as OwnRoll into own IRA, use own RMD schedule
Remain as BeneficiaryFollow beneficiary distribution rules
DisclaimPass to contingent beneficiary

Non-Spouse Beneficiaries: The 10-Year Rule (2025+)

For deaths after December 31, 2019, most non-spouse beneficiaries must empty the inherited account within 10 years:

Original Owner StatusBeneficiary RMD Requirement
Died BEFORE RMD Start DateNo annual RMDs required; empty by year 10
Died AFTER RMD Start DateAnnual RMDs required in years 1-9; empty by year 10

Important 2025 Change: The IRS waived annual RMD requirements for non-spouse beneficiaries from 2021-2024. Starting in 2025, if the original owner died after their RMD start date, annual distributions are required.

Eligible Designated Beneficiaries (EDBs)

These beneficiaries can use the old "stretch" rules based on life expectancy instead of the 10-year rule:

EDB CategoryNotes
Surviving SpouseCan treat as own or use life expectancy
Minor Child of DeceasedStretch until age 21, then 10-year clock starts
Disabled IndividualIRS definition of disability
Chronically Ill IndividualIRS definition of chronically ill
Not More Than 10 Years YoungerThan the deceased account owner

Inherited Roth IRAs

FeatureRule
Original Owner's LifetimeNo RMDs required
Beneficiary RulesSame 10-year rule applies
Tax TreatmentQualified distributions remain tax-free
AdvantageTax-free growth during 10-year period

Death and Required Distributions

Year-of-Death RMD

If the account owner dies during a year when an RMD was required but not yet taken:

  • The beneficiary must take the remaining RMD
  • Must be taken by December 31 of year of death
  • Cannot be rolled over (it's the deceased's RMD)

RMD Start Date (2025)

Under SECURE 2.0, the RMD start age is:

Birth YearRMD Start Age
1951-195973
1960 or later75

Hardship Withdrawals

401(k) and similar plans may allow hardship withdrawals under specific circumstances.

Qualifying Hardship Events

CategoryExamples
Medical ExpensesUninsured medical costs for employee, spouse, or dependents
Home PurchaseDown payment for primary residence
EducationTuition for next 12 months
Eviction/Foreclosure PreventionPayments to avoid loss of principal residence
Funeral ExpensesFor employee or immediate family
Casualty LossesDisaster-related losses
SECURE 2.0 AdditionsDomestic abuse, terminal illness, emergency expenses

Hardship Withdrawal Requirements

RuleDetails
Immediate and Heavy NeedMust be pressing and genuine
Limited to NeedCannot withdraw more than required
Tax TreatmentOrdinary income tax applies
10% PenaltyGenerally applies unless exception met

SECURE 2.0 Penalty-Free Exceptions (New for 2024+)

ExceptionMaximum Amount
Emergency Expenses$1,000/year, no penalty if repaid within 3 years
Domestic Abuse VictimLesser of $10,000 or 50% of account
Terminal IllnessAny amount, no penalty
Disaster-RelatedUp to $22,000 for federally declared disasters

Key Takeaways

  1. QDROs divide employer plans in divorce—no 10% penalty for alternate payee
  2. IRAs don't require a QDRO—divided by divorce decree
  3. Most non-spouse beneficiaries must empty inherited accounts within 10 years
  4. Starting 2025, annual RMDs required if original owner died after their RMD start date
  5. Eligible designated beneficiaries (spouse, minors, disabled) can use life expectancy
  6. Hardship withdrawals require immediate and heavy need; penalties may still apply
Test Your Knowledge

A QDRO distribution to a former spouse from a 401(k) plan:

A
B
C
D
Test Your Knowledge

Under the SECURE Act, most non-spouse beneficiaries who inherit an IRA after 2019 must:

A
B
C
D
Test Your Knowledge

Which of the following is NOT required to use a QDRO for division in divorce?

A
B
C
D