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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31009
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My brother and sister in law were divorced about 6 ...

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My brother and sister in law were divorced about 6 months ago. My sister in law filed a QDRO and a seperate account was set up for her from my brothers retirement account. This investment account allowed her to withdraw the monies and pay a 20% federal tax although she is only 50years old. Since their divorce they have reconciled their differences and are talking about getting re-married. If they did would she have to pay back any of the monies she received from the QDRO or would she have to pay some kind of additional penalty?

As you know a QDRO (qualified domestic relation order) is a domestic relations order that creates or recognizes the existence of an alternate payee's right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a pension plan, and that includes certain information and meets certain other requirements.

If they re-marry, the QDRO would likely be cancelled. However, any money she takes out while the QDRO is in effect is a valid transaction and she won't be held liable to repay and money or pay any penalty for legally taking out the money.

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