We have a QDRO that includes as part of the Alternate Payee's benefit, all future benefits accrued after the date of the order until the date the participant terminates employment. I have always thought that based on the language in the statute that a QDRO cannot provide increased benefits, that this is impermissible, however, I am now questing this thought. Does anybody have any insight into this? Are there any cases or rulings or guidance that specially states one way or another whether a QDRO can include future accruals from a db plan?

Thanks,

I'm no expert, but I have seen several QDRO's that do this. Where do you think the order is providing "increased benefits"?

It can be done. The "increased benefits" relates to what the plan is willing to provide as a benefit. It has nothing to do with what part of it the AP gets.