If my divorce settlement states that my ex-wife gets half of my 401k, is there a time limit she has to obtain it?

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If my divorce settlement states that my ex-wife gets half of my 401k, is there a time limit she has to obtain it?

I got divorced 5 years ago.

Asked on March 28, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I presume that if your marital dissolution agreement states that you are obligated to pay one half (1/2) of your 401 k to your wife that the order states a time period for the payment. If it does not, then the order needs to be clarified as to the payment time. As such, I recommend that you carefully read the dissloution agreement and order as to your former marriage that you entered into five (5) years ago.

Most likely the payment for the money under the 401 k plan will be set in the agreement and order based upon my experience with such matters.


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