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-   -   Dividing a 401K after divorce (https://www.askmehelpdesk.com/showthread.php?t=170186)

  • Jan 8, 2008, 09:39 AM
    Deborah Longhi
    Dividing a 401K after divorce
    I was divorced almost three years ago and I still have not received my half of the 401K as ordered by the judge. My lawyer seems to be putting it on a back burner. I received some papers from my husband's company and gave them to my lawyer. Was this to get a Quadro? What is a Quadro and can I get one without a lawyer?
  • Jan 8, 2008, 11:03 AM
    twinkiedooter
    A Quadro is a term for QDRO actually. 401khelpcenter.com/mpower/feature_060199.html This is an excellent link that should tell you quite a lot about this situation on 401k's.

    It sounds like it's not your attorney fluffing you off but rather the ex which happens quite a bit these days when a divorce happens. If it says you get half in the final divorce papers, you get half. Seeing as it has been 3+ years your attorney should file a Contempt of Court Motion with the Judge and have the Judge order your ex to give it up. I'm surprised he hasn't done this before as your attorney can ask for attorney's fees for the cost of having the ex comply with the Final Settlement Agreement. Oh, by the way, you have to pay your attorney up front and then after the judge awards you the attorney's fees, you will get the money back from the ex for the cost and fees of the action via he pays his attorney the money, his attorney sends your attorney a check, and your attorney give you a check. Kind of complicated but in some cases that's the way they do it... dumb if you ask me. In some other instances the ex will give you the $ directly once the total fee has been calculated and the judge agrees with it or he pays your attorney and your attorney gives you a check. Either way is truly cumbersome if you ask me. Most ex's are truly not that considerate and yours sounds like he's no exception.
  • Jul 25, 2012, 12:16 AM
    Putthruwringer
    It took me 15mths after calling my lawyer's office a couple times a week for that whole time. Almost sounds like a conspiracy. I even had contact with a nice lady from the Qudro and it still took this long. Seems unfair as everything else needed to be divided up fast. I don't understand why it is not a legal procedure that the 401k is divided just like I had to divide car and house etc. I should have been riding around in his car for that 15mths.

    I have gotten every excuse going for the delay. Today I got the PIN for my 401k due me. No explanation as what to do. Spent hrs on the phone with someone asking questions. It has be around less then a week I guess it was mine(no one told me) and lost $1,000 already. Can't leave it in for the future cause I am bankrupt cause of no money for the last 6mths. No money no car meant no job. Ex stuck it to me again. He made the interest last 15mths.

    The procedure to get ahold of your share of the 401k due to you after a divorce is too difficult and almost secret like. We need new laws. They shouldn't be able to delay anything. And should be divided as soon as possible like everything else.

    Your lucky if you have a good income and can hire a great attorney but a lot of times that is impossible when you are left with almost nothing. Time for a change. I suggest you start bugging your attorney's office constantly till something is done.

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