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

In Uncategorized by GWAO

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.