If a pension or retirement account is being divided or reallocated in a divorce, then yes, you need a QDRO. However, Divorce Helpline attorneys can help people avoid QDROs through other channels. One example would be a buyout of the account by one party or an exchange of one asset for another. If someone has an IRA and a 401K, it may be possible to do an IRA to IRA transfer incident to the divorce, thereby avoiding the need for a QDRO.
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