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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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I am divorcing my Spouse. We are filing an amicable/uncontested

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I am divorcing my Spouse. We are filing an amicable/uncontested divorce in the state of GA. Part of our agreement is that my 401K will be split 50/50.

Do I have to file a QDRO as part of the divorce proceedings or can this wait until a later date If we both agree on the split in the divorce decree? We are both age 52 and in good health.
Hello there! My name is XXXXX XXXXX I am very glad to assist with this question. A QDRO does not have to be filed with the court at the time of the divorce decree. The function of a QDRO is not to award ownership of a retirement account--instead, it is to allow transfer of the account's assets without the taxes and penalties that would ordinarily accompany a transfer. So if a divorce decree splits a retirement account 50/50 (or 20/80, or any other fraction under the sun), the decree itself determines that split irrespective of whether a QDRO is filed at the same time, or filed at all.

Let me know if further clarification is needed. Thanks.
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