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You are here: Home ERISA FAQ q Limits to divorced spouse's payments under qualified domestic relations order
 

Limits to divorced spouse's payments under qualified domestic relations order

Are there any limits on the type of payment that may be received by a divorced spouse under a qualified domestic relations order?

Yes. For example, the order cannot require a plan to pay any benefit in the form not otherwise provided for under the plan, nor can a plan be required to pay "twice", e.g., make a payment to an alternate payee - the participant's former spouse, child or dependent of a participant - when a previous order already has required to pay that same amount to a different alternate payee.

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