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   Posted to group - Money matters    <<Previous    Next>>

401 k

How do i recieve my half of my ex husbands 401K if the company says i cannot recieve it till he retires?
by kgmartin    1 Post   
Posted on 2/27/2008 1:03 PM    
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Answers for "401 k "  (7) (You must be logged in to answer)
My lawyer was bought out by my ex's so he was not willing to go for his pension for me.  So, after being turned downed by numerous attorneys since my ex's husband told them I wouldn't pay them, I found an attorney who does only QDRO's and hired her.  She told me he had 4 pension plans and she was so glad I hired her. Within 3 weeks of working with his attorney, she told me he only had one.  So, I wrote a letter to Gloria Allred since I felt that I couldn't trust ANYONE to represent my interests and a letter to the woman attorney saying how I felt that she was now lying to me and if I couldn't trust another woman, then whom could I trust? Anyways, I received money from 3 of the pension plans in a lump sum which is now being taken care of. But, it was horrible to be treated in such a manner.  So, find someone who specializes in QDRO's only and see if they can be ethical enough to get you some money you deserve.  My experience has shown that the  lack of ethics and integrity in the legal field is astounding.
by baal   27 Posts
Posted on 3/8/2008 12:22 AM
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The answer depends on if you are already divorced. If you are, the court should have kept the case open so a QDRO (Qualified Domestic Relations Orders) can be entered. QDROs have to be entered after the final judgment. If you don't have a final judgment yet, be sure the final judgment says a QDRO will be signed later.

QDROs are very specific and need to be done by someone who is an expert in them. In So. Florida they cost between $300-$750. It's money well spent because the pension plan administrators have to approve the QDRO, so there is some back & forth with writing it. It's not something to do on your own. Even many divorce attorneys hire people who specialize in writing QDROs.
by Pamela Wynn   
Posted on 2/27/2008 6:19 PM
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Ultimately, the company plan document is the overriding authority on this matter.  If the plan says that you can not take money until he retires then that is it.  Even a Judge's order will not change the result.  This is why it is important to test the QDRO (qualified domestic relations order) with the plan sponsor before the divorce.  When we do this we make sure that the sponsor will abide by the QDRO and that the alternate payee (you in this case) will be able to take the money that they were counting on.  This is a common mistake.  If the divorce is not final then you can ask for other assets that better fit your needs.  If it is done, you may see if you can get a loan against the 401(k).  Obviously this is up to the plan sponsor again and is not ideal. 
by Joshua Shulman   
Posted on 2/27/2008 4:17 PM
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i know of someone who did this by having the money taken from other assets.  so, she was suppose to get x from his 401 and instead got the x from his share of the house....after they sold it.   it's just about adding up all the assets and figuring out a creative way to split it up.
by samantha   83 Posts
Posted on 2/27/2008 2:41 PM
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That is such a great question and, I as I'm sure many are in you same situtation and would love to hear from anyone who has had this issue your imput would be greatly appricaited .
by veryclueless   19 Posts
Posted on 2/27/2008 2:01 PM
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