Access Retirement Funds Without Penalty or Restrictions

What is an In Marriage QDRO®?

Qualified Domestic Relations Orders (QDROs) are typically used to divide qualified funds between divorcing spouses after a property settlement. In Marriage QDRO® utilizes the same statutory authority to facilitate the transfer of funds between married spouses - from a husband’s 401(k) to a wife’s IRA, for example - giving the couple greater investment flexibility and a host of other benefits.

The most common question asked about the
In Marriage QDRO®

“Does this process meet the guidelines set forth by the Employee Retirement Income Security Act (ERISA) and the Department of Labor?”

The answer is yes! The In Marriage QDRO® strategy meets all ERISA and Department of Labor requirements.

The Process

An In Marriage QDRO® involves combining state domestic relations laws (which determine how spouses may contract) with a federally approved transaction (federal law sets forth the process by which retirement accounts may be accessed). The result is that retirement funds held in the name of one spouse may be transferred to the other spouse, allowing access to a participant’s 401(k), 403(b) or pension account, without the restrictions and penalty associated with an In-Service Distribution and without the need for another type of qualifying event.

Why an In Marriage QDRO®?

Delaying RMDs, starting a business through a self-directed IRA, or accessing cash without the 10% early withdrawal penalty are just some of the reasons why a couple might want to access the savings in their retirement account. Sometimes an expense or opportunity presents itself that requires cash flow, and for many, their money is tied up in a retirement account, which can be challenging to access. There are so many rules, fees, and penalties in place that the cost often outweighs the benefit. This can leave participants with no other options than to pay the fees and penalties, find another source of funding, or pass up an opportunity altogether.

Why Us?

Since 2014, Marcus Foote has been working with legal and financial professionals, as well as end-user clients, to access ERISA-based retirement accounts without penalties or excise taxes. Having successfully completed over 200 cases in over 30 states, his experience allows him to use innovative application of a time-honored statutory right to your benefit.

Ready to Learn More?

Contact us to schedule a no-charge consultation. We’ll discuss if the plan is eligible, the steps involved, our fee, and our refund policy.