Creating a Domestic Relations Order Using Other Options

A domestic relations order must be submitted to and qualified by the Qualified Order Center to become a Qualified Domestic Relations Order (QDRO). Rather than creating the order on this site, you may consider other options such as hiring an attorney or creating the order yourself by following the steps below.

• What You Need to Do
• What the Qualified Order Center Will Do

What You Need to Do

1. Get the employer's procedures and model language form on this site. You or your attorney may want to refer to these important documents for guidance when creating the order.

   Employer's Procedures

   A document that contains the specific employer's requirements for the approval of a Qualified Domestic Relations Order (QDRO).

   Model Language

   Sample language, preapproved by the employer, which the parties may choose to use when drafting an order.

2. Create the domestic relations order. Be aware there are many ways to draft the terms of a QDRO. You may want to use the employer's model language form or a similar structure.

   Note: The order must be completed accurately and satisfy all the general QDRO requirements and the employer's QDRO requirements in its procedures document.

3. Review the completed order carefully before sending it. Here are the top reasons why a domestic relations order is denied QDRO status:
   • The plan name is wrong.

     Plan Name

     There are several reasons an order may be denied due to the plan name, and the following example is just one of those reasons. John Sample is in the XYZ Company Hourly Employees' Savings Plan, but the order lists the XYZ Company Salaried 401(k) Plan.

   • The benefit assignment isn't acceptable.

     Benefit Assignment

     There are several reasons an order may be denied due to benefit assignment, and the following example is just one of those reasons. The employer's requirements can't accept a valuation date in a defined contribution plan order before 01-01-2007, but the order uses a valuation date of 07-14-2005.

   • The employer's court certification requirements haven't been met.

     Court Certification Requirements

     There are several reasons an order may be denied due to court certification requirements, and the following example is just one of those reasons. The order has been signed by a judge and contains a filed stamp, but it doesn't include a required court certification stamp or seal from the clerk of the court.

4. Send the order.
   1. Send the draft order (without a judge's signature) to:
      Qualified Order Center
      PO Box 299088
      Lewisville, TX 75029-9088
      Fax: (847) 883-9313 (draft orders only)
   2. If the draft is preapproved, you'll need to get it signed by a judge, court-certified by the clerk of court, and then mail it to the Qualified Order Center address above.

   Court-Certified

   A court-certified order is signed or stamped by the judge or other court official and has a stamp or seal from the clerk of the court stating the order is certified. Contact us to learn if a photocopy or a faxed copy of a court-certified order is acceptable for qualification requirements.

   3. If the draft is denied, you'll need to make the necessary revisions based on the reasons enclosed in the Denial Notice and resubmit your order to the address above.
5. Wait 30 days to receive a written response about the determination of the order.

Follow These Steps to Upload Your Order

If you have already drafted a Domestic Relations Order and would like to upload it online, begin by following the step by step process outlined on this site to upload your order.

What the Qualified Order Center Will Do

After the order is received, the Qualified Order Center will:

• Restrict the participant's benefit activity
• Review the order to ensure that it meets all the qualification requirements.
• Notify all parties in 30 days of receiving the order whether or not it meets all qualification requirements.
• If the order is qualified, direct the appropriate retirement plan record keeper to establish separate benefits for the alternate payee.