How can I collect from my spouses 401k after divorce? 21 Answers as of May 23, 2011

I was awarded monies from spouses 401k in divorce. What forms do need, or how do I go about collecting?

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Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer depends on the type of plan. Some plans require simply filing a form whereas others may require a Qualified Domestic Relations Order (QDRO) drafted by a lawyer and signed by a Judge.
Answer Applies to: Minnesota
Replied: 5/20/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
You should have gotten a Qualified Domestic Relations Order in your divorce that will have the instructions on who the account manager was. Contact the account manager with a copy of your order if it is time for withdrawals to occur. Stay well.
Answer Applies to: Alabama
Replied: 5/19/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
QDRO: go to court and obtain a Qualified Domestic Relations Order.
Answer Applies to: California
Replied: 5/18/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Most likely a Qualified Domestic Relations Order (QDRO) must be prepared to divide the plan. Some retirement plans may be divided without a QDRO. This should be done by a qualified professional, as they can be difficult even for lawyers. Each plan is different, so there is no one form fits all that is available.
Answer Applies to: California
Replied: 5/18/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
The form of the Judgment should be sufficient to transfer the funds allocated to you, but it is normally transferred into a roll over IRA account which you create. Most banks or investment houses can assist, such as Well Fargo, Edward Jones, etc. If the form of Judgment is inadequate you should contact a lawyer in order to create a supplemental Judgment in order to complete the transaction. There are no specific forms, they are created each time.
Answer Applies to: Oregon
Replied: 5/18/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to have the Court enter a Qualified Domestic Relations Order (QDRO) that directs the plan administrator to distribute the amount awarded to you. Typically, you can obtain sample orders from the Plan Administrator if it is a large company. Small or closely held private corporations, however, may present more difficulty so you may need to consult an attorney with expertise in dealing with pensions in divorce.
    Answer Applies to: Colorado
    Replied: 5/18/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You will need to have a Qualified Domestic Relations Order (QDRO) prepared and entered with the Court. The QDRO directs the transfer.
    Answer Applies to: Washington
    Replied: 5/18/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Generally you would need to have a QDRO (Qualified Domestic Relations Order) entered by the court.
    Answer Applies to: Washington
    Replied: 5/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    What you need is a Qualified Domestic Relations Order, QDRO, signed by a Supreme Court Judge to convey your share of your spouse's 401(k) to you. It is a specialized document that must also be approved by the Plan Administrator before the Court is given it to sign, so it would be best to have an attorney oversee the matter for you. It is vastly important that you get this done as quickly as possible because if your spouse dies before it is signed and delivered to the Plan Administrator, you would be unable to collect any part of it, so act quickly. I do not recommend you do it yourself. I've just been dealing with a couple of QDROs and they are difficult to get right without assistance.
    Answer Applies to: New York
    Replied: 5/18/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    This is more than a matter of putting some "forms" together. Better see an attorney with experience in domestic relations matters in your state for at least a consultation on your particular situation.
    Answer Applies to: Virginia
    Replied: 5/18/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This will take some legal advice. Did you have a lawyer help you get the divorce? I would need to see the documents and get more information to answer your question. You should act quickly. The longer you wait, the harder it will be to collect your money. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/18/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    In New York, you will need to have your attorney prepare and file a Qualified Domestic Relations Order ("QDRO") with the court having jurisdiction over your divorce, which will order your ex-spouse's 401K plan administrator to make a distribution to your plan, which will be tax exempt. Your attorney will need to coordinate with the plan administrator for your ex-spouse's 401K to get all the information necessary to prepare the QDRO. Since this is a complicated legal document, I would not recommend doing this on a pro se basis. As for collecting, this is all done through the 401K plan and will not have to involve your ex-spouse, so collection should not be a problem.
    Answer Applies to: New York
    Replied: 5/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It is done by a Qualified Domestic Relations Order or QDRO. Contact an attorney who specializes in this area.
    Answer Applies to: Connecticut
    Replied: 5/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If a QDRO was signed by the parties and ordered by the Court, it should be served on the 401K Plan. If no QDRO was prepared, signed or ordered by the Court, you need to have a QDRO prepared to be signed and ordered by the Court. You would best be represented by an experienced Family Law Attorney.
    Answer Applies to: California
    Replied: 5/17/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Did your Judgment provide for a Qualified Domestic Relations Order ('QDRO', or "kwadro")? That is what you need. If you did not receive an Order for one, you need to work with your ex-spouse to complete one, or file an Order to Show Cause to appear in Court to obtain an order that one be completed. You serve that on the 401K plan administrator.
    Answer Applies to: California
    Replied: 5/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Contact the fund manager, ask for a form QDRO, complete the QDRO, get your spouse and the court to sign it and send to fund administrator.
    Answer Applies to: Washington
    Replied: 5/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to do a QDRO. This is a special order that needs to be created. You can call his retirement provider and see if they have a sample.
    Answer Applies to: California
    Replied: 5/17/2011
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