QUESTION
What can I do if my ex-husband head quarts on his 401k to me?
Asked on Mar 10th, 2014 on Divorce - Florida
More details to this question:
My ex-husband and I have been divorce now for a year now and on are Divorce though the court. He agree to give me half of his 401k. He kept telling me he will take care if it and has not. I called his headquarters and they told me I have to get an attorney. Now it has been a year and that they have to get my ex-husband’s approval to that. My ex-husband employer (HR department) said that they would get right on it and get it done and solved. Now they are avoiding me.
7 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
The issue here is not what anyone said, since that makes no difference, but what it says in your divorce decree. If it gives you a portion of the 401(k) you need to enter a QDRO. If it doesn't you've missed the boat.
Answered on Mar 12th, 2014 at 2:15 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Hire an attorney to enforce the judgment of divorce.
Answered on Mar 12th, 2014 at 2:15 AM
Taxation Attorney serving Charleston, WV
at
C. Page Hamrick III
Update Your Profile
You need to have a Qualified Domestic Relations Order prepared, which is a special order required by federal law, directing a retirement plan administrator to pay out a portion of retirement plan benefits, such as 401k to a former spouse. The QDRO is entered by the divorce court, and then sent to the retirement plan administrator, who processes it and then pays out as directed by the Court.
Answered on Mar 11th, 2014 at 10:57 AM
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
You need a qualified domestic relations order (QDRO) and will need a lawyer to prepare that, in order for you to get that share of his retirement mentioned in the decree of divorce.
Answered on Mar 11th, 2014 at 10:56 AM
4 Awards
Look at your divorce decree. If the decree awarded you a portion of his retirement and he is stalling you will need to get an attorney to draft the Qualified Domestic Relations Order dividing retirement. This can usually be done for a flat fee but is complicated enough that an attorney should be the one to do it. If the decree/property settlement do not address his retirement and you relied on only his verbal statements, there is no way to enforce that. Best wishes.
Answered on Mar 11th, 2014 at 10:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, it is not headquarters, it is your ex-husband. You will need the proper order of the court.
Answered on Mar 11th, 2014 at 10:30 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
You need to have prepared a Qualified Domestic Relations Order (QDRO). Husbands participation is not necessary. It is an Order from the Judge to the employer to transfer the funds. Time is of the essence is some spouses have been known to liquidate the asset. Cost is usually around $500.00.
Answered on Mar 11th, 2014 at 10:22 AM