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    • QDRO Insights
    • QDRO FAQ
  • Divorce
    • Uncontested Divorce
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    • Military Divorce
    • Modification & Enforcement
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      • Hidden Assets
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    • Child Support
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QDRO Legal and Tax Implications.

9/26/2025

 
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Qualified Domestic Relations Order (QDRO) is a special court order required to divide certain retirement plan benefits during divorce or separation. It's not just a form—it's a legal judgment, decree, or order that allows a retirement plan to distribute funds to a spouse, former spouse, child, or other dependent of the plan participant for:
  • Child support
  • Alimony
  • Division of marital property
Who Pays Taxes on QDRO Benefits?
If a spouse or former spouse receives benefits under a QDRO, those funds are generally taxable to that recipient (not the participant). They are treated as if the former spouse were the plan participant.  If the QDRO distributes funds to a child or dependent, the participant is responsible for the taxes on those distributions.

​Can You Roll Over QDRO Distributions?
Yes—if you are a spouse or former spouse receiving QDRO benefits, you may be eligible to roll over all or part of the distribution into your own retirement account without paying taxes immediately. This tax-free rollover option does not apply to distributions made to children or other dependents.​

We help ensure your benefits are secured properly—and that you understand how each step affects your rights and taxes.

​To learn more or schedule a consultation, contact Florida family law attorney Christian D. Smed at:
📞 407-644-2978
📧 [email protected]

Source: U.S. Internal Revenue Serv., Retirement Topics – QDRO – Qualified Domestic Relations Order, https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-domestic-relations-order (last visited Sept. 26, 2025).

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CHRISTIAN D. SMED, P.A.
941 West Morse Blvd.,Suite 100
Winter Park, Florida, 32789
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