§35.09 Procedure

• Jurisdiction: Washington

§ 35.09 PROCEDURE

Ambiguities with respect to QDROs may lead to litigation. Many situations may arise during the continuing existence of a QDRO that the QDRO should address.

[1] Separate Court Order

Although a separate court order entitled "Qualified Domestic Relations Order" is not necessary if the property settlement agreement or other judgment or court decree satisfies the requirements of a QDRO, it is recommended that a separate order be prepared. However, if a spouse is a participant in more than one plan, one QDRO may be prepared that addresses each plan.

[2] Questions

To be properly administered, a QDRO should address the following issues:

• Is the order a domestic relations order? Does the order relate to child support, alimony, or marital property rights, of a spouse, former spouse, child, or other dependent? Is the order executed by a court or state agency with the authority to issue judgments, decrees, or orders, or to approve property settlement agreements?
• Is the plan name identified and spelled correctly?
• Does the order set forth the participant's name, address, and Social Security number (and date of birth

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