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#34655 - 10/05/05 05:57 PM QDRO Question
skichickie123 Offline
recently joined

Registered: 09/15/05
Posts: 8
When my ex and I divorced 5 yrs ago, it was stated in our divorce (in Indiana) that I was entitled to a lump sum of money from his 401k. After the divorce, the attorney that ran the QDRO stated that because he works for a local government, they do not recognize QDROS because it is a governmental job/401k, so the QDRO cannot be filed. I am on good terms with my ex, so I don't want to rock the boat too much, but I could really, really use the money. The amount is $24,000, so it's not like he has that kind of money laying around to give me. He is also about to get married again next May. Has anyone had experience in governmental QDRO problems? I also want to make sure that his new soon to be wife isn't entitled to my money as well if they have problems and divorce.

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#34656 - 10/05/05 06:58 PM Re: QDRO Question [Re: skichickie123]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Usually you are awarded a % of the govt. retirement not a lump sum like that. Is he federal civil service?
_________________________
13.1...because I am only half crazy!

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#34657 - 10/05/05 08:06 PM Re: QDRO Question [Re: Miranda]
skichickie123 Offline
recently joined

Registered: 09/15/05
Posts: 8
He is a firefighter working in a Chicago suburb. In the divorce decree, it spells out that I am entitled to $24,000 to be handled through a QDRO order

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#34658 - 10/05/05 09:46 PM Re: QDRO Question [Re: skichickie123]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Oh I am sorry. I thought you were a spouse of a civil servant like a GS-12 or something.

Why did your lawyer allow a QDRO if your ex's job/or the city does not accept them?
_________________________
13.1...because I am only half crazy!

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#34659 - 10/06/05 07:22 PM Re: QDRO Question [Re: skichickie123]
Robert_Nowak Offline
journeyman

Registered: 06/04/05
Posts: 54
Loc: Glen Head, NY

A QDRO only applies to an ERISA pension. A governmental 401(k) plan is not governed by ERISA, however you can still fill a DRO and that will usually be treated as a QDRO. Your share will be rolled over to your IRA to avoid tax consequences. I do it all the time in New York with respect to firefighters and police officers. Speak to your lawyer again, otherwise you may lose your rights.
_________________________
Robert E. Nowak, Esq. 107 Northern Bvd. Great Neck, NY 11021 516/487-8200

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