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Information Needs for Dividing Retirement Benefits

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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  1. Copy of decree or document dividing retirement benefit when entered. (Drafts may be helpful.)
  2. Name, date of birth, Social Security No. and current address for the participant and alternate payee. (If alternate payee is not former spouse, identify relationship.)
  3. Name and phone number for the participant's employer.
  4. Dates of the marriage.
  5. Dates of employment. (For each employer plan divided)
  6. Copy of plan agreement. (For each employer plan divided)
  7. Copy of plan description. (For each employer plan divided)
  8. Copy of plan summary description. (For each employer plan divided)
  9. Latest benefit statement for participant. (For each employer plan divided)
  10. Copy of any plan procedures, rules or sample forms relating to QDRO's. (For each employer plan divided)
  11. If funding of the plan is an issue, the latest annual report for the plan (Form 5500 series).
  12. The amount of any loans taken by the participant from the plan.
  13. If you plan to use loans from the plan as part of the dissolution, whether or not the loans are to be factored in before or after division of the alternate payee's portion.
  14. For profit sharing plans:
    • the amount of unfunded benefits;
    • the date of the next funding;
    • what period of time the next funding is to cover;
    • the amount of the next funding; or
    • If the above information is not available, the history of the funding of the plan.
  15. For savings plans or any plan where the participant contributes after-tax dollars, the amount of the participant's after-tax contribution.
  16. For benefit plans, the actuarial analysis of the benefits (if done).
  17. If health benefits are to be divided, a description of any ERISA covered health benefits which are to be given the alternate payee. (Warning! Most plans require written notice within 60 days of divorce.)
  18. If a lump sum is to be rolled over to an IRA, the IRA account number, name and address of IRA custodian.
  19. For Court Orders Approved for Processing (U.S. Government employees):
    • employment history with U.S. Government and the U.S. military;
    • names and addresses of all employing offices;
    • the employee's claim number;
    • the thrift plan account statement;
    • the actuarial analysis with supporting documents (if any);
    • whether or not the former spouse is to get health benefits.
  20. If any retirement benefit is in current pay status, what benefit was selected by the participant and amount of current monthly payments.
  21. How the retirement benefits are divided: (the following, if applicable)
    • Lump sum (amount or percentage)
    • Who pays administrative fees
    • Monthly dollar amount
    • Who gets the benefit of future salary increases
    • Percentage of monthly benefits
    • Who gets cost of living increases or employer supplements
    • Selection of type of annuity
    • The amount of child or spousal support to be paid by the plan
    • Allocation of tax basis
    • The division date
  22. Details of any life insurance in a covered plan that is to be divided.
  23. Copies of any existing orders dividing the participant's benefits. (Former marriages)
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