If you are going through a divorce and have a retirement plan, you may need to know what the assignment date is in a QDRO. A QDRO, or a qualified domestic relations order, is a legal document that divides your retirement benefits between you and your former spouse. A QDRO can be part of your divorce decree or a separate order issued by the court.
The assignment date is the date that determines how much of your retirement benefits belong to you and how much belong to your former spouse. It is also the date that establishes your former spouse as an alternate payee who can receive payments directly from your plan administrator. The assignment date is very important because it affects the value and the timing of your retirement benefits. It might best be described as the “cut-off” date on which the property rights of each spouse in a retirement plan are determined.
State | Assignment Date |
Alabama: | Date the Complaint for Divorce is filed. |
Alaska: | Date of Separation. |
Arizona: | Date of Petition for Dissolution |
Arkansas: | Date the Complaint for Divorce is filed. |
California: | Date of Separation. |
Colorado: | Date of Dissolution. |
Connecticut: | Date of Separation. |
Dist of Columbia: | Date of Divorce. |
Delaware: | As close as possible to the date of trial. |
Florida: | Date of Petition for Dissolution. |
Georgia: | Date of the Final Separate-Maintenance Decree or the Date of the Final Divorce Decree. |
Hawaii: | Date of Final Separation in Contemplation of Divorce. |
Idaho: | Date of Divorce – preferred. |
Illinois: | Date of Dissolution – preferred. |
Indiana: | Date of Final Separation. |
Iowa: | As close as possible to the date of trial. |
Kansas: | Date of Filing of the Divorce Petition. |
Kentucky: | Date of Decree of Dissolution of Marriage. |
Louisiana: | Date of Final Judgment of Divorce. |
Maine: | Date of Judgement of Divorce. If not Divorced use Complaint Date. |
Maryland: | Date of Divorce. |
Massachusetts: | Date of Divorce. |
Michigan: | Date the Complaint for Divorce is filed. |
Minnesota: | Date of Dissolution. |
Mississippi: | Date of Complaint for Divorce. |
Missouri: | As close as possible to the date of trial. |
Montana: | Date of Dissolution – preferred. |
Nebraska: | Date of Dissolution – preferred. |
Nevada: | Date of Decree of Divorce. |
New Hampshire: | Date of Petition for Divorce. |
New Jersey: | Date of Complaint. |
New Mexico: | Date of Divorce. |
New York: | Date of Commencement of Divorce Action. |
North Carolina: | Date of Separation. |
North Dakota: | As close as possible to the date of trial. |
Ohio: | Date is Discretionary. Suggest using Complaint for Divorce Date or Petition for Dissolution Date. |
Oklahoma: | Date is Discretionary. Suggest using Petition for Divorce Date or todays date. |
Oregon: | Date of Separation. |
Pennsylvania: | Date of Separation. |
Rhode Island: | As close as possible to the date of trial. |
South Carolina: | Date of Filing Complaint for Divorce. |
South Dakota: | Date of Separation. |
Tennessee: | As close as possible to the date of Final Divorce Hearing. |
Texas: | Date of Divorce. |
Utah: | Date of Divorce Decree. |
Vermont: | Date of Separation. |
Virginia: | Date of Separation. |
Washington: | Date when either or both of the parties perceive the rift in their relationship as final. |
West Virginia: | Date of Filing Complaint for Divorce. |
Wisconsin: | Date of Divorce. |
Wyoming: | Date of Complaint for Divorce. |
The assignment date is set by the law of the state where you got divorced, unless you and your former spouse agreed otherwise in your divorce agreement. Different states have different rules for choosing the assignment date. Some states may use the date of separation, which is when you and your former spouse stopped living together as a married couple. Other states may use the date of divorce filing, which is when you or your former spouse filed a petition for divorce with the court. Some states may use the date of trial, which is when the court heard your case and made a decision. Some states may use the date of judgment, which is when the court issued a final order granting your divorce. And some states may use some other date that is relevant to your situation.
It is important to know what the assignment date is in your state and how it affects your retirement benefits. If you have already settled your divorce and agreed on how to split your retirement account, you can use our QDRO Generator to create a QDRO quickly and easily. A Qualified Domestic Relations Order (QDRO) is a legal document that instructs a retirement plan administrator on how to divide a retirement account between two parties after a divorce. A QDRO is required to avoid taxes and penalties when transferring retirement funds to an ex-spouse or another beneficiary. Our QDRO Generator will guide you through the process of entering the relevant information, such as the names and addresses of the parties, the name and type of the retirement plan, the amount and method of division, and the date of separation. Once you have completed the steps, you can download and print your QDRO and submit it to the court and the plan administrator for approval. Our QDRO Generator is designed to save you time and money by simplifying the QDRO process – get started today.
