12.4 QDROs & Special Situations
Special circumstances in retirement planning require understanding specific rules for divorce, inheritance, and hardship situations. These situations often appear on the Series 65 exam.
Qualified Domestic Relations Orders (QDROs)
A Qualified Domestic Relations Order (QDRO) is a court order that recognizes an alternate payee's right to receive all or part of a participant's retirement plan benefits, typically as part of a divorce.
QDRO Requirements
For a domestic relations order to be "qualified," it must:
Court Order: Issued by state domestic relations court
Alternate Payee Identified: Spouse, former spouse, child, or dependent
Plan Identified: Names the specific retirement plan
Amount Specified: States dollar amount or percentage
Method Specified: How and when payments will be made
Which Plans Require a QDRO?
QDRO Required: 401(k), 403(b), 457 plans; Defined benefit pensions; Profit-sharing plans; Most ERISA-covered plans
QDRO NOT Required: Traditional IRAs; Roth IRAs; SEP-IRAs; SIMPLE IRAs
On the Exam: A QDRO is required for employer-sponsored qualified plans. IRAs can be divided through a "transfer incident to divorce" under the divorce decree - no QDRO needed.
Tax Treatment of QDRO Distributions
Rollover to IRA: Tax-deferred (no current tax)
Direct Payment to Alternate Payee: Taxable as ordinary income
10% Early Withdrawal Penalty: Does NOT apply to QDRO distributions
Key Benefit: Unlike most early distributions, QDRO payments to an alternate payee are exempt from the 10% early withdrawal penalty, even if the recipient is under age 59 1/2.
What a QDRO Cannot Do
- Require the plan to pay more than it otherwise would
- Provide a form of benefit not offered by the plan
- Require benefits already assigned to another alternate payee
- Direct payment of benefits to someone other than a spouse, former spouse, child, or dependent
Inherited Retirement Accounts
The rules for inherited retirement accounts changed significantly with the SECURE Act (2019) and SECURE 2.0 (2022).
Spousal Beneficiary Options
Surviving spouses have the most flexibility:
Treat as Own: Roll into own IRA, use own RMD schedule
Remain as Beneficiary: Follow beneficiary distribution rules
Disclaim: Pass to contingent beneficiary
Non-Spouse Beneficiaries: The 10-Year Rule (2025+)
For deaths after December 31, 2019, most non-spouse beneficiaries must empty the inherited account within 10 years:
Died BEFORE RMD Start Date: No annual RMDs required; empty by year 10
Died AFTER RMD Start Date: Annual RMDs required in years 1-9; empty by year 10
Important 2025 Change: The IRS waived annual RMD requirements for non-spouse beneficiaries from 2021-2024. Starting in 2025, if the original owner died after their RMD start date, annual distributions are required.
Eligible Designated Beneficiaries (EDBs)
These beneficiaries can use the old "stretch" rules based on life expectancy instead of the 10-year rule:
Surviving Spouse: Can treat as own or use life expectancy
Minor Child of Deceased: Stretch until age 21, then 10-year clock starts
Disabled Individual: IRS definition of disability
Chronically Ill Individual: IRS definition of chronically ill
Not More Than 10 Years Younger: Than the deceased account owner
Inherited Roth IRAs
Original Owner's Lifetime: No RMDs required
Beneficiary Rules: Same 10-year rule applies
Tax Treatment: Qualified distributions remain tax-free
Advantage: Tax-free growth during 10-year period
Death and Required Distributions
Year-of-Death RMD
If the account owner dies during a year when an RMD was required but not yet taken:
- The beneficiary must take the remaining RMD
- Must be taken by December 31 of year of death
- Cannot be rolled over (it's the deceased's RMD)
RMD Start Date (2025)
Under SECURE 2.0, the RMD start age is:
1951-1959: 73
1960 or later: 75
Hardship Withdrawals
401(k) and similar plans may allow hardship withdrawals under specific circumstances.
Qualifying Hardship Events
Medical Expenses: Uninsured medical costs for employee, spouse, or dependents
Home Purchase: Down payment for primary residence
Education: Tuition for next 12 months
Eviction/Foreclosure Prevention: Payments to avoid loss of principal residence
Funeral Expenses: For employee or immediate family
Casualty Losses: Disaster-related losses
SECURE 2.0 Additions: Domestic abuse, terminal illness, emergency expenses
Hardship Withdrawal Requirements
Immediate and Heavy Need: Must be pressing and genuine
Limited to Need: Cannot withdraw more than required
Tax Treatment: Ordinary income tax applies
10% Penalty: Generally applies unless exception met
SECURE 2.0 Penalty-Free Exceptions (New for 2024+)
Emergency Expenses: $1,000/year, no penalty if repaid within 3 years
Domestic Abuse Victim: Lesser of $10,000 or 50% of account
Terminal Illness: Any amount, no penalty
Disaster-Related: Up to $22,000 for federally declared disasters
Key Takeaways
1. QDROs divide employer plans in divorce - no 10% penalty for alternate payee
2. IRAs don't require a QDRO - divided by divorce decree
3. Most non-spouse beneficiaries must empty inherited accounts within 10 years
4. Starting 2025, annual RMDs required if original owner died after their RMD start date
5. Eligible designated beneficiaries (spouse, minors, disabled) can use life expectancy
6. Hardship withdrawals require immediate and heavy need; penalties may still apply