If you are already divorced, you cannot have a QDRO entered unless it was directed in an equitable distribution order or in a separation agreement and there is now a breach of contract issue.
If you are not already divorced, a QDRO can be entered pursuant to an equitable distribution claim which transfers retirement assets to the other spouse without taxes or penalties against either spouse. However, the receiving spouse will incur taxes and penalties if he or she withdraws any of the retirement assets before reaching retirement age.
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