Qualified Domestic Relations Order (QDRO)

A qualified domestic relations order (QDRO) is a legal order following a divorce or legal separation that splits and changes ownership of a retirement plan to give the divorced spouse their share of the asset or pension plan.

The Texas Family Code and Texas Administrative Code provide detailed regulations and procedures for the issuance, amendment, and enforcement of QDROs.

When the court loses plenary powers, typically after 30 days of the entry of the final divorce decree, it may still be possible to enter a QDRO. The statutes below highlight some common provision associated with QDROs and the court authority to act upon them.

  • Tex. Fam. Code § 9.101 states that the court that rendered a final decree of divorce or annulment retains continuing, exclusive jurisdiction to render an enforceable QDRO or similar order for the payment of pension, retirement plan, or other employee benefits to an alternate payee or other lawful payee.
  • Tex. Fam. Code § 9.103 allows a party to petition a court to render a QDRO if the court that rendered a final decree of divorce or annulment did not provide such an order.
  • Tex. Fam. Code § 9.102 provides that a party to a decree of divorce or annulment may petition the court for a QDRO, and such a petition is governed by the Texas Rules of Civil Procedure. Each party whose rights may be affected is entitled to notice and the proceedings are conducted as civil cases generally.
  • Tex. Fam. Code § 9.104 states that if a plan administrator determines that a domestic relations order does not satisfy the requirements of a QDRO, the court retains continuing, exclusive jurisdiction to render a QDRO.
  • Tex. Fam. Code § 9.1045 provides that a court that renders a QDRO retains continuing, exclusive jurisdiction to amend the order to correct or clarify its terms to effectuate the division of property ordered by the court. The amended order must be submitted to the plan administrator to determine if it satisfies the requirements of a QDRO.
  • Tex. Fam. Code § 8.351 states that the court that rendered an order for the payment of maintenance has continuing jurisdiction to render enforceable QDROs to satisfy amounts due under the maintenance order. This applies to various types of benefits, whether private, state, or federal.
  • Tex. Fam. Code § 8.355 provides that a court that renders a QDRO retains continuing jurisdiction to amend the order to correct, clarify, or add language to provide for the collection of maintenance, and the amended order must be submitted to the plan administrator.