FAQs About Loans | TIAA

In some cases during a divorce, the loan may be considered a property distribution that could impact a Qualified Domestic Relations Order (QDRO). Until TIAA receives a restraining order or a court-entered QDRO, we cannot restrict a participant from making withdrawals from their tài khoản. Internal transfers are allowed, but with caution that it does not impede the instructions in the QRDO.

Once we receive a restraining order or QDRO, a participant must stop any activity in his or her tài khoản until the QDRO is implemented based on the funds available in the retirement plan tài khoản. Any residual balance has to be worked out among the claimants.

TIAA cautions participants not to make withdrawals while they are negotiating how property will be distributed. After the QDRO date, if the participant makes contributions, requests a withdrawals or transfers, the contributions and transactions will be reflected solely on the participant's tài khoản except for Required Minimum Distribution Options (MDO) elections and loan repayments.

While the marital property distribution is pending, obtaining the written consent of the spouse in exercising ownership options is required during the marriage for accumulations governed by the Retirement Equity Act (REACT). Also, spousal consent may be required to execute certain transactions while the distribution settlement is pending.

To find out whether your accumulations are governed by REACT call us at 800-842-2776 weekdays from 8 a.m. – 10 p.m. (ET) and Saturdays from 9 a.m. – 6 p.m. (ET).