Is a QDRO enforceable if we only stay separated and never file for a divorce?
We agreed I would get one of the 401K accounts in our separation agreement (still to be signed) and a judge sign over that account without a divorce?
It is possible to still divide retirement accounts via a QDRO before an absolute divorce is entered, but oftentimes the plan administrator for the 401(k) will require the absolute divorce first, or at least have the absolute divorce granted on the same day as the QDRO is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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