Equitable Distribution: Can the court enter a QDRO without an Equitable Distribution claim?

In Uncategorized by GWAO

The short version

Greensboro Divorce cases can be complicated.  Understand that the idea of an Equitable Distribution is that estates should be separated equally, unless certain factors apply.

In short, for ERISA-qualified plans, a QRDO is a “judgment, decree, or order (including approval of a property settlement agreement) which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child or other dependent of a participant, and is made pursuant to State domestic relations law.” 29 USC sec. 1056(d)(3)(B)(ii); Internal Revenue Code sec. 414(p)(1)(B).

This means the division order must be entered in an action brought “pursuant to State domestic relations law.” When does State domestic relations law allow North Carolina judges to enter property division orders?

Contact our Greensboro Family and Domestic Lawyers today if you or someone you know needs the professional help of an attorney to deal with a Greensboro Divorce.

Jason Aycoth
Partner

Jason Aycoth

Criminal Defense, Felony Charges, State and Federal Court

Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.

  • Former President, Greensboro Criminal Defense Lawyers Association
  • Elected member, Criminal Justice Section, North Carolina Bar Association
  • Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
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Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539

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This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.