I was divorced in 2004. My ex was awarded 3400 of my 401k. Who is supposed to file the QDRO? His atty is having me file or go to court.
Question Details: I was divorced in 2004. My ex was awarded $3400 of my 401k. His attorney recently sent me a letter requesting to discuss arrangements to make the transfer or he will be filing a Motion to require the Transsfer. I had thought it would be up to my ex and his attorney to file the QDRO. Who is supposed to file the QDRO? His atty is having me file or will take me to court. court.
Divorce, Marriage, Alimony Law Answers
It is the custom, and there is no RULE, that the person who benefits from the QDRO split is the person who will get the QDRO entered by the court (signed by the judge) and then send a certified copy of the QDRO to the plan administrator. I would imagine that your ex-husband's attorney would have done that. I don't think he can or should force you to do his work. It's to benefit his client that the QDRO was written, so he should have the judge sign it and he should send it to the plan administrator.
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