Divorce Pension/401k split

Posted by: oracle3774

Divorce Pension/401k split - 10/29/06 05:15 PM

Dear Board,

I have been awarded 1/2 of 3 pensions of my ex-husband. The final divorce was June 8 2006. The large pension is/was being assessed by QDRO it is 45,000 to be split. There are a 401k and another pERS pension. He says he will just give me everything in the pers pension 10,000 minus the 20% withholding so he does not have to split out the 401K. I have not seen anything YET. I do not have a lawyer now so can I file a contempt charge myself? and can you tell me the protocal? He wont answer the phone or any of his messages. Thanks
Posted by: jaiye

Re: Divorce Pension/401k split - 11/01/06 12:37 AM

It should ALL be done via QDRO so you are not responsible for penalties. Why would they only do a QDRO for part of the retirement accounts? I don't understand that. If it is not devided by QDRO then you will have to pay penalty for early withdrawal, unless you are over retirement age, to the IRS.
Posted by: Maury

Re: Divorce Pension/401k split - 11/03/06 08:17 PM

First, if the court awarded you the assets but did not assign responsibility for having a Qualified Domestic Relations Order drafted, that may be your responsibility and your cost. Each QDRO can range between $300 and $1,000 to be drafted by a lawyer.

What your ex spouse is trying to do is to seek an agreement to modify the property settlment and pay you out cash (less taxes) rather than to divide the plans. It would seem to be significantly less than the amount you are entitled to at first blush.
Posted by: flicka

Re: Divorce Pension/401k split - 12/10/06 05:36 PM

My soon to be x left me after 17 years of marriage (abandonment??) Now before our divorce date he is trying to obtain 1/2 of my 401 K which is employer contributed by 1/2. Is he entitled to half my 401????