QDRO
A QDRO (Qualified Domestic Relations Order) is a special court order that lets a retirement plan pay part of one spouse's account or pension directly to the other spouse after a divorce. In Florida, it is the tool used to divide most employer retirement plans, like 401(k)s and pensions, without triggering early-withdrawal taxes or penalties. The QDRO is separate from the final judgment and must be approved by the plan administrator to take effect.
Last updated June 21, 2026
Legal Definition
A QDRO is a domestic relations order, recognized under ERISA and the Internal Revenue Code (26 U.S.C. §414(p)), that creates or recognizes an alternate payee's right to receive all or part of a participant's benefits under a qualified retirement plan; in Florida it implements the equitable distribution of retirement assets under F.S. §61.075 and §61.076.
Example
After the divorce was final, their attorney prepared a QDRO to transfer half the marital portion of his 401(k) to her.
Related Statutes
- 61.075
- 61.076
Related Terms
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