QUESTION

What is the time limit to withdraw retirement funds awarded in a divorce?

Asked on Nov 01st, 2016 on Divorce - Wisconsin
More details to this question:
My ex-husband was awarded 45% of my retirement fund in our divorce but the paperwork submitted by his attorney was declined due to insufficient documentation. His attorney no longer represents him and my retirement account is "on hold" until the paperwork is finished. This was almost 2 years ago. Is there any time limitation for this exchange or can the retirement company lift this hold after a certain period?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
This is the frustrating part of practicing law as well for us a practitioners, either  where other lawyers or litigants fail to do what they are required to do, creating extra aggravation for our clients and making extra work for us. While I am not sure I can specifically answer your question in  terms of federal law or employment law that puts some arbitrary cutoff point on how long your retirement benefits may be tied up, you do have a few remedies; 1. file a contempt motion with the divorce court to compel your ex to complete the pension/ 401k process. He can hire a new attorney if he needs to do this. It is in his best interest to do so, because every day that goes by where the QDRO is not completed to divide up the plan, puts his 45% interest in peril.  2. Hire your own lawyer to complete the QDRO to send to your employer. This may be significantly  cheaper and quicker than messing with a contempt motion that may takes months for you to get a court date, or do both at the same time.
Answered on Nov 02nd, 2016 at 6:50 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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