QUESTION
What can I do if I was to receive half of my ex-husbands 401k but never received it?
Asked on Dec 03rd, 2012 on Divorce - Arizona
More details to this question:
We divorced in Arizona and it was ten years ago. I now live in New Mexico. Can I still claim my part and if so how can I get it now. My lawyer never filed the paper work, but sent me the name of another lawyer.
1 ANSWER
Generally, a 401k is divided by a separate lawyer than the lawyer from the divorce. To divide a 401k, a Qualified Domestic Relations Order (QDRO) must be prepared (by a separate attorney who specializes in this field). This can still be done (I recommend contacting the QDRO attorney sooner rather than later) so long as your ex has not liquidated your share of the 401k account.
Answered on Dec 05th, 2012 at 4:19 PM