QUESTION
How do I get paperwork to get a 401k payment after divorce?
Asked on Aug 13th, 2011 on Child Custody - Tennessee
More details to this question:
I got legal documentation 1/2 401k is rightfully mine. How do I proceed?
16 ANSWERS
You need to have a qualified domestic relations order filed. We process those, and there are some drafting fees as well as processing.
Answered on Aug 20th, 2011 at 2:04 PM
Family Law Attorney serving Petaluma, CA
at
Law Office of Erin Farley
Update Your Profile
Contact the financial company that holds the 401k and ask them what they need from you. Often, you just need to submit a copy of the divorce judgment and fill out the company's own internal administrative paperwork.
Answered on Aug 20th, 2011 at 2:01 PM
Family Law Attorney serving Everett, WA
at
Burkhalter Law PLLC
Update Your Profile
You need a Qualified Domestic Relations Order (QDRO)
Answered on Aug 19th, 2011 at 11:56 AM
Roianne Houlton Conner
You must have a QUDRO prepared by an attorney and signed by the Judge to get to the company where the 401K is located.
Answered on Aug 19th, 2011 at 9:30 AM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
You need a Qualified Domestic Relations Order (QDRO). You should contact the plan administrator. Generally, they'll have a model form on their website. Otherwise, there are lots of companies who will take care of this process for you. Fees generally run between $500.00 and $800.00 for the drafting and approval of a QDRO. Once you have a form that is approved by the plan administrator, you have to submit it to the judge for his signature (to actually issue the Order), and then the signed order is sent to the plan administrator.
Answered on Aug 19th, 2011 at 8:38 AM
Steven D. Dunnings
I would need to see your Judgment of Divorce. You probably need to have a Domestic Relations Order drafted, signed by all the parties and the Divorce Judge to send to the plan administrator.
Answered on Aug 19th, 2011 at 7:40 AM
2 Awards
The proper way is to draft and submit to the other Party or his/her counsel a Qualified Domestic Relations Order (QDRO). Many 401k administrators have their own specifications for a QDRO and will provide you, at least, a sample. These documents can be complicated. I suggest you consult an experienced Family Law or Tax attorney to discuss your case in greater detail and learn all of your rights and options.
Answered on Aug 19th, 2011 at 6:56 AM
Ultimately, you have to have drafted a Qualified Domestic Relations Order. That order has to be approved by the court and by the administrator of the 401K plan. Once both of those things are accomplished, the plan administrator should make arrangements with you to transfer the money to an account for you. Be aware, however, than once you take the money out of a retirement account, it is taxable.
Answered on Aug 19th, 2011 at 5:48 AM
Glen Edward Ashman
You may be too late. After the divorce, you cannot seek it. You have to be awarded it during a divorce and then submit a QDRO that is approved to divide the 401K. I gather you made the catastrophic mistake of not having a lawyer. Even most lawyers do not draw QDROs and retain an additional specialist to draft them. Depending on what you messed up, you may be too late. Meet with a lawyer to see if your mistakes are fixable or not.
Answered on Aug 18th, 2011 at 7:11 PM
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
Go to the bank and request a roll over 401k account.
Answered on Aug 18th, 2011 at 6:46 PM
If not already done, you should make sure the plan administrator knows about the decree (by copy) so the money does not "disappear." Then you need a "QDRO" to divide the plan money.
Answered on Aug 18th, 2011 at 4:46 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
What you need is a Qualified Domestic Relations Order (QDRO) signed by the judge. Some Plan administrators have simplified forms that you can complete and give to the judge. Most of them do not. If they don't have a simplified form (and possibly even if they do) you will need to contact a competent divorce attorney to prepare that order for you and submit it to the court for signature. QDRO's can be complicated and difficult issues that require the advice and assistance of an expert.
Answered on Aug 18th, 2011 at 4:32 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
You need to contact the retirement plan administrator and notify them of your award. You should have an attorney help you on this.
Answered on Aug 18th, 2011 at 4:32 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
You will probably need a qualified domestic relations order.Contact the administrator of the plan and ask them if your existing court order will suffice. If they say no, ask them if they have a form and instructions.
Answered on Aug 18th, 2011 at 3:54 PM
William C. Gosnell
Assuming you have the correct court orders then send the pension administrator copies of your paperwork
Answered on Aug 18th, 2011 at 2:31 PM
Gary Moore
An Order known as a QDRO must be prepared and submitted to the holder of the funds.
Answered on Aug 18th, 2011 at 2:31 PM