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Answer:
Sorry to hear about your divorce.
This topic and many others for medical professionals are addressed in more detail in the book: Risk Management and Insurance Planning for Physicians and their Advisors
http://www.jbpub.com/catalog/9780763733421
But, a QDRO, or Qualified Domestic Relations Order is a judgment, decree, or order made pursuant to a state’s domestic relations laws. It relates to child support, alimony payments, or the marital property rights of a spouse, former spouse, child, or other dependent of a retirement plan participant. Such an order creates or recognizes the existence of an alternate payee’s rights to all or a portion of the benefits payable with respect to a participant under a qualified retirement plan.
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QDRO v. TID
The major difference between a QDRO and a transfer incident to a divorce [TID] is that a transfer incident to a divorce does not allow for the receiving ex-spouse to receive the funds penalty-free if not rolled over into a receiving IRA.
With a QDRO, although the funds are taxable to the receiving ex-spouse, there is no 10% penalty if the funds are withdrawn prior to his or her reaching age 59½. If the originating account is an IRA, the 10% early withdrawal penalty will apply in addition to ordinary income tax.
Dr. David E. Marcinko MBA
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