Is My Social Security Number Required To Be Identified In A Domestic Relations Order?

Debra J., of New Jersey asks: "How do you identify me in a Domestic Relations Order? Do I have to provide my Social Security number?"

Evan, from the QDRO Department of Pension Evaluators & QDROS Of Troyan, Inc Associates Groupanswers: "Regarding the inclusion of personal identifiers, such as Social Security Numbersin Domestic Relations Orders; pursuant to New Jersey Ruling R. 1:38-7(a)(b), a party shall not set forth confidential personal identifiers as defined in R. 1:38-7(a) in any document or pleading submitted to the court unless otherwise required by statute, rule, administrative directive, or court order.

However, pursuant to Federal Regulations under ERISA the inclusion of Social Security numbers are required in Domestic Relations Orders as such are reviewed in accordance with Federal Regulations.

It is our opinion that Federal Regulation preempts the State's ruling on this point. At the express written request of counsel or a party to the matter, Troyan shall comply and remove Social Security numbers from an Order. However, it must be noted that Troyan, shall no longer be able to guarantee the qualification of the Order absent the inclusion of such information as such may violate the Plan Administrators QDRO requirements for qualification purposes pursuant to ERISA."

State Listing of Statuses Disallowing Personal Identities In QDROs

Evan Edelstein

Lead QDRO Consultant