QDRO in Idaho

 What is a QDRO and Do I Need One

 QDRO Meaning   

A QDRO stands for qualified domestic relations order.  A QDRO is used in divorce to divide retirement accounts belonging to the community.  If monies are placed in a retirement during the marriage they are presumed to be community property.  As community property they can divided between the parties as part of the divorce settlement.

Are Retirement Benefits Always Split Equally

The presumption in Idaho is that any property or monies procured during marriage are community property.  Retirement benefits are no different.  Further, the presumption under the Idaho Code is that the property of the parties is to be divided equally between the parties.  I will talk about how to overcome that presumption in a future blog entry.  While the division of property and monies is supposed to be equal, that does not mean that everything has to be split down the middle.  The parties can agree to divide the property "equally" but name which properties or which money each party gets, resulting in an equal division.  That having been said, if you can't agree on how to divide up your property or money and you have to go to trial, the judge will often literally split everything down the middle.  On those items that can't be physically split, the judge will order that they be sold and the proceeds split between the parties.

Retirement Benefits From Before Marriage

If you received retirement benefits before marriage those are your separate property and unless you gifted a portion of them to your spouse, they will remain your separate property and your spouse won't get any of the proceeds from that account in your divorce.  What happens often, however, is that a person will have a retirement account and be making regular contributions before marriage. Then, when they get married they continue to contribute monies to the retirement account.  Those monies that are contributed after marriage are community property.  The contribution before marriage are separate property.  A QDRO can also help split these monies up.  The administrator of the retirement plan is provided the date of marriage, the date of divorce and the QDRO order.  With that information they can calculate the amount of "community funds" and then divided according to what is ordered in the QDRO.  That division may be 50% of the community funds but it could also be some other percentage depending upon the agreement of the parties or how the retirement accounts were ultimately divided.

If you have questions about retirement accounts and divorce or any other divorce issue and need to speak with a divorce attorney, give us a call, (208) 472-2383.  You will be glad you did.  Also, visit us at our website

Consultations are always free.