How do I get paperwork to get a 401k payment after divorce? 25 Answers as of August 22, 2011

I got legal documentation 1/2 401k is rightfully mine. How do I proceed?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Is the 401K just cash in an investment firm? Money in the 401K is taxable. So if he pulls it out to give to you he will have a penalty and have to pay tax on that money. Look into QDRO to transfer to you. If you do that then the money is taxable to you when you pull it out.
Answer Applies to: California
Replied: 8/22/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
You need to have a qualified domestic relations order filed. We process those, and there are some drafting fees as well as processing.
Answer Applies to: Wisconsin
Replied: 8/20/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
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.
Answer Applies to: California
Replied: 8/20/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer depends on the type of plan and the plan provisions. In many instances a division may require a signed Qualified Domestic Relations Order from the Court. THis can be drafted by an attorney.
Answer Applies to: Minnesota
Replied: 8/19/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You need a Qualified Domestic Relations Order (QDRO)
Answer Applies to: Washington
Replied: 8/19/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | 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.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    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.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven 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.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    I am presuming that the 401k is in your ex-spouse's name. To get that you will need to have a QDRO drafted, approved by the plan and then ordered by the court. QDRO's are difficult to draft so I suggest you seek counsel who specifically does them. There are a few attorneys in Connecticut that specializes in drafting them.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    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.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    In order to obtain half of the 401K from your spouse in a divorce, you will need to have a QDRO ("qualified domestic relations order") prepared by your attorney and signed by a judge. This will instruct the 401K plan administration to make the transfer from your spouse's 401K to your 401K or IRA, which will be made tax free. If you decide after the transfer to remove any of the funds from your 401K or IRA, then you may be subject to taxes and penalties. You should consult an experienced family law attorney to assist you with this matter.
    Answer Applies to: New York
    Replied: 8/19/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 8/18/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Go to the bank and request a roll over 401k account.
    Answer Applies to: California
    Replied: 8/18/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    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.
    Answer Applies to: Nevada
    Replied: 8/18/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You need to contact the retirement plan administrator and notify them of your award. You should have an attorney help you on this.
    Answer Applies to: Oregon
    Replied: 8/18/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 8/18/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You need to have a QDRO (Qualified Domestic Relations Order) drawn up and entered by the court where your divorce was finalized. After the Order has been filed with the court, a copy must be presented to the 401 (k) administrator. This is the only way that they will be able to disburse the funds to you.
    Answer Applies to: Florida
    Replied: 8/18/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 8/18/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Assuming you have the correct court orders then send the pension administrator copies of your paperwork
    Answer Applies to: Tennessee
    Replied: 8/18/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    An Order known as a QDRO must be prepared and submitted to the holder of the funds.
    Answer Applies to: New Jersey
    Replied: 8/18/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to get a QDRO executed. There are companies that specialize in retirement plan divisions. Also, you might want to call the plan provider for a sample. So, if the 401(k) is administered by Morgan Stanley you can call them and ask them for samples.
    Answer Applies to: California
    Replied: 8/18/2011
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