401K was ordered to be split in 2001

Posted by: LinusluvsSally

401K was ordered to be split in 2001 - 09/06/06 07:56 PM

In 2001 I was divorced and my Ex and I agreed that she would get half of my 401K. I acquired the form from my 401K's administrator and gave it to my ex and sent the administrator a copy of the court order.

What else could I have done to facilitate my ex's withdrawal of the funds? At the time the total balance was $12,000 so she was due about $6,000. Since then the administrator has changed twice and the balance is almost $50,000.

She never did take her money. Am I still liable for it? I think that some of the stipulations we have filed since the divorce may have wiped the slate clean with regard to all financial disputes but I wonder if she could ever come back and say she never got it.
Posted by: Maury

Re: 401K was ordered to be split in 2001 - 09/07/06 02:57 AM

Generally, the valuation date ends when the divorce decree is final. She get half of what is accrued on that date. She would gain interest on an y passive interest on her share. She would not receive proceeds from subsequent contributions or appreciation on your share from that date.
Posted by: LinusluvsSally

Re: 401K was ordered to be split in 2001 - 09/07/06 08:07 PM

This was a question I never did ask my attorney but wish I had. I didn't use a lawyer for my divorce, only post-divorce issues.

Thanks, Maury.
Posted by: jaiye

Re: 401K was ordered to be split in 2001 - 09/09/06 05:31 AM

There should have been QDRO Qualified Domestic Relations Order filed . Attorney should have prepared it and it should have been filed with the court and sent to your employer.

And NO according to my attorney he has filed QDRO's as far as 10 years later. It has to be done with a QDRO. It is federal. It has to be handled that way. Court order isn't enough.
Posted by: LinusluvsSally

Re: 401K was ordered to be split in 2001 - 10/13/06 07:40 PM

Thinking back I believe that her attorney did a QDRO and I had given them all the adminstrator's contact information so that they could handle it themselves.

Would the burden of proof be on her that she didn't get paid or would it be on me to prove that she did get paid?
Posted by: Addy

Re: 401K was ordered to be split in 2001 - 12/06/06 08:41 PM

The administrator of your pension should have a copy of the QDRO if it was completed and filed properly. You should ask for a copy if you don't have one. Also, it will depend on your pension plan and the QDRO whether you ex can actually withdraw benefits yet. Your ex may be waiting so as not to be penalized for early withdrawal. I don't know if you're retirement age yet but if your ex takes the pension too early, there can be a penalty of 1/2 of 1% for each month if you haven't reached retirement age. That can be a pretty stiff penalty so your ex may be waiting until you reach retirement age. Hard to say without more info.