Minding Your Qs And Exes: Handling QDROs, QMCSOs And Other Benefits Issues When An Employee Divorces

Learn an overview of the most common employee benefits issues that arise when an employee divorces.

Not only will a divorce impact an employee's house, cars, investments, and bank accounts, but it will also impact an employee's benefits. In an already emotional situation, employers and benefit administrators are frequently placed in the middle of heated disputes with respect to an employee's benefits, which are typically an employee's greatest unlevered asset. If an ERISA plan assigns benefits in violation of the Internal Revenue Code, the plan could be disqualified. If an employer or plan administrator assigns benefits in violation of the plan or ERISA, a cause of action against the plan and/or employer may exist. This topic will assist the employers and benefit administrators in navigating through the obstacles associated with dividing employee benefits. You will be provided practical guidance in reviewing and complying with QDROs, DROs, and QMCSOs and with the tools necessary to identify and address potential complications that may arise when an employee divorces.