IRA split

UPDATED: Oct 1, 2022

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IRA split

Got divorced in California 2015, 50/50 IRA split was ordered. Ex listed the account as a 401k but it was actually an IRA. plus the account number was also not included in the divorce decree. I have been trying to get my ex to get it split but all I get is the run around.

Asked on July 25, 2018 under Family Law, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your recourse is to pursue contempt of court against your ex. You will need to file with the court an Order to Show Cause for a hearing. Call the court clerk to schedule a hearing. Enter the date, time, and department of the hearing on your Order to Show Cause. Also, file a declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. Also, file any other supporting documents or other evidence. Also, file a proof of service (court form). Prior to filing your documents with the court, ask the court clerk if any additional documents are required for contempt of court because the required documents may vary from state to state.
Mail a copy of your court-filed documents to your ex to give him notice of the hearing. The proof of service verifies the date of mailing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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