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Often retirement accounts, especially those which are involuntary or directly deducted from your paycheck, will be your most substantial marital asset other than your marital home. Any retirement benefits which have accrued or vested during the marriage are marital property. As such, they will need to be divided in a divorce. If either spouse has accrued substantial retirement benefits prior to the marriage and that spouse has not yet begun receiving distributions of those benefits, they are likely to be considered non-marital or separate property. The easiest way to avoid the potential argument over this issue is to address it in a prenuptial agreement.
Retirement accounts which will generally be divided in a divorce include traditional pensions (including military and law enforcement pensions), IRAs, Keoghs, Employee Stock Option Plans (ESOPS) and 401(k) plans. There are certain benefits which are not considered marital property. These include railroad retirement benefits, social security benefits, disability compensation and, in some states, teachers’ pension funds.
The first way is a present-day valuation buy-out or asset reallocation. If you are dealing with an IRA or a 401(k), the present-day value is easy to figure out – just look at your statement. A traditional pension is substantially more difficult to figure out. In the case of a pension, you are guaranteed a particular payment at a particular time – say, for example, $800 a month at age 65. But you’re only 35 now and the $800 guarantee assumes that the fund will have 30 more years of asset growth before it is required to pay out. That $800 per month doesn’t really exist now. It won’t exist for 30 years. Something less than that exists now. So, how do you decide what that benefit is worth today? Generally, an actuary or accountant must be hired to do the necessary calculations to determine the present-day value of the benefit. Once you have the present-day number for the pension, IRA or 401(k), the spouse to whom the account does not belong trades his or her half of that amount for other assets of the same value.
The other way to divide retirement benefits is to divide the existing benefit into two accounts. This can be done in pension plans, IRAs or 401(k)s. To divide an IRA, the brokerage generally just needs a copy of the court’s final decree and your final settlement agreement if you reached one. These documents should include division of the IRA funds. If the court orders the division and the split funds are rolled into a new IRA account by the receiving spouse, the transfer is without penalty and without tax. The division of a pension plan and a 401(k) plan are slightly more complicated.
A QDRO is a very detailed legal document, signed by the judge after your divorce is finalized, which will allow the establishment of a separate pension benefit for the receiving spouse in the case of a pension. It will be required to transfer a portion of the retirement funds in a pension plan or 401(k) plan from the plan participant spouse to the other spouse. It allows the rollover of a portion of 401(k) plan funds to an IRA belonging to the receiving spouse in the case of a 401(k). Your lawyer will communicate with the plan administrator regarding specific plan requirements for the acceptance of QDROs. If all requirements are met, the division is accomplished without penalty or tax. It is not treated as any early withdrawal or loan against your benefits. [More about QDRO…]
Divorcing spouses should be careful when considering the division of retirement benefits. They are inherently different than other liquid or semi-liquid marital assets because of their purpose (retirement funding) and because of their legal baggage (early withdrawal penalties and taxes). For example, it might not be appropriate to equate $10,000 in a savings account to a $10,000 IRA. The savings account is worth $10,000 if a spouse needs it today. The IRA is worth substantially less if the spouse needs it today, because he or she will ultimately pay tax and penalty on that amount. So, it is easiest, when possible, to compare apples to apples – retirement funds to retirement funds.
Where there are not equal or substantially equal retirement funds to compare and divide, don’t forget the tax and penalty implications when considering your property settlement.
I will be receiving a settlement from my ex husbands 401K. There should be no penalty withdrawing the funds since it is a hardship…correct? Do I have to pay taxes if I do not roll it over?
If you receive a portion of the 401(k) as part of the divorce settlement, you will have a one-time opportunity to withdraw monies without penalty, but you will likely have to pay income tax. Unless you need the cash, it is best to roll over your portion to a 401(k) or IRA in your name.
Yes but isn’t is also true that you may remove the money to transfer it to escrow in order to purchase a home without claiming this as earned money on your taxes?
I had a QDRO written up during my divorce I was to receive 1/3 of my ex’s retirement. My attorney never told me I had to file it ASAP. I found out my ex took a lump sum out at the age of 55 and left the other 1/2 (maybe to throw me off) Is there any way I can get my fair share of the lump sum he has already received?
My divorce has dragged on for nine months. The great portion of our assets are his IRA and 401k. It is my understanding that the assets are divided from the date of filing. The ira has had substantial gains since then. Am I entitled to the interest and dividends on my half. Married 35 years. Divorce in FL
I was awarded 1/2 of my ex-husband’s IRA in our divorce decree over 30 years ago. My lawyer never told me I could cash it in then. I thought I had to wait until ex-spouse was 59 1/2. Now I’m having to go to court, as my ex does not want to give it to me. Can I ask for 1/2 of the IRA’s current value, or does it have to be the value at the time of the divorce?
I am going through this all right now and paperwork has been done for the opers portiaon of the retirement! They are saying I am not aloud to receive any money till my ex wothdrawls money first? Do I have to do a second order for his 401k ect… Or I’d that all compined into one account! I need the money for medical expenses and hardship. What can I do.
If a spouse is drawing a pension from a deceased first husband, in the event of a divorce, is the present spouse entitled to any portion of that pension?
I am 70 yrs of age and have been receiving a distribution from my 401K. The divorce has been granted, however my Ex is appealing the judges decree. I wanted to have the qdro prepared when the judge rendered his decision, but my Attorney says we have to wait until after the appeal.
She is demanding 1/2 of the distribution for 2009 and 2010 and I agree to that. However I want to transfer to her the income tax responsibilites of the distribution.
Does this require a QDRO or by what means do I transfer 1/2 the withholdings and tax responsibility?
I received a QDRO settlement for 1/2 of my ex-husband’s 401K and immediately rolled it over to an IRA. I took an early distribution and have to determine PA state taxability via a “cost recovery” method. It states that it is not taxable until the amount recovered is equal to my contributions. Because this was my ex-husband’s 401k, am I correct to assume that I can not say that “I” contributed and therefore will owe state tax regardless that the amount is way under the amount contributed to the plan?
Without my knowledge my spouse cashed out her 401k and spent it all. The acct was mostly funded during our marriage. We live in a community property state. Wouldn’t the 401k be considered community property? Doesn’t the plan trustee need my signature/approval to liquidate the 401K? I don’t get how the trustee can just hand over all that money without spousal consent. My half is gone can I sue the trustee to get it back?
Any contributions your wife made to the retirement plan during marriage are community property. The retirement plan administrator does not need your consent and/or signature to withdraw from the account unless the administrator has been out on notice that there is a pending dissolution. During a dissolution proceeding, your wife will have to account for the proceeds she withdrew or you will be awarded more of the marital estate to compensate you for your one-half of the amount she withdrew.
My queation is if a women has bine married for to years could see get his retirement for child surpport?
My husband is terminally ill and i just found a document of his ira account that had his three children and list as 25% beneficiary. Our pre nup was drawn up that I would receive his and he would receive mine. What can i do about this.
I am very ill and getting worse. I am 55 , female, and my ex husband to be has been conspiring to dump me for 2 years. So he has been withdrawing tens of thousands from the 401 k and been putting all of that money INTO UPGRADING THE HOUSE HE CAN AFFORD TO KEEP BECAUSE HE HAS A JOB. I AM ON DISABILITY!!!!! Will that money count that he has taken out, I will be left with nothing. I need to gofrom lawyer to lawyer to lawyer till I get the right answer.This is ALL WRONG.
I have retirement IRA which will go to my wife. Wife wants access to this IRA now for her will decisions if she dies first. We currently disagree on disbursements to our children. What the law say?
I’m getting ready to file for divorce and have a 401k and an esop. I’ve had the esop for 16 years worth about 50k and the 401k for about 10 years worth about 30k.we have been married for 3yrs 9 mo. we have about 30k in debt credit cards an home eq loan.During the time we’ve been married my 401 hasn’t done well but my esop has.sence we’ve only been married under 4 yrs how much of my retirement will she get and sence all of the debt has occoured during the marrage how much is she responsible for?
question: I have a 401K and my husband has a Florida Teacher’s Retirement account. How will the division be determined in a divorce?
Do I have to get an Actuary done or is it his responsibility.
In a QDRO there is a formula for determining how much an ex gets from a pension. My husband’s ex wants a portion based on what he earns for his work career. Isn’t she entitled only to a portion of what was earned during the marriage? If the divorce decree doesn’t include the wording “during the marriage” can she alter the wording of te QDRO so that she gets more than just what was earned during the marriage?
My divorce awarded me 1/2 of my ex’s 401K and stock options with the stipulation that I not have them until he turned 59 1/2 he will soon be 60 but I am only 53. Can I take the 401K without penalty or must I roll it into an IRA ? Can I liquidate the stock without penalty to use as a down payment on a house.
I have been legally divorced for almost two years in the state of louisiana and we never did a community property settlement. Is there still time to file for one and divide retirement benefits?
I have a question. My husband and I divorced and in the divorce decree it said that I was entitled to half of his 401 K which I got and half of an IRA we had set up years before. My ex said that he had no paperwork on that IRA so I couldn’t ever collect my half which would have been a nice sum. We started it with $2000 back in 1989. I can’t even remember the bank we set it up at and the lawyers just shrugged their shoulders. Any ideas on how I could locate it?
Hi Diane,
Honestly, the lawyers just shrugged? Shame, Shame. It is very easy to find unclaimed funds on the computer these days. Search your state office of unclaimed funds. I suggest you search for your name and your husband’s. While you’re at it, search your maiden name too. Good Luck.
Married about 20 of 43+ years of my working life. My pension and 401K, 19yrs of married life, are now in an IRA. My husband also has an IRA with pension and 401K money which has already been reduced by his divorce to his first wife (my IRA is almost twice his). So how do I know how much I may have to give him – we also recently sold the house I bought 7years before we got married, I had about 100K invested before I got married. We sold our home and bought a new home. How do I know what I end up with if I get a divorce? PS: He has 2 kids by his prior marriage who owe us about $12,500 and a reduced IRA due to his divorce, I have no kids.
He does not know I am considering divorce!
After being married 171/2 years we got a divorce. Being a homemaker I had no income. My husband has a pension. I know I have to file a QDRO but he is now claiming bankruptcy. Will that affect me filing for QDRO at a later date. Do I need to file it before his bankruptcy is discharged?
My ex husband, provided bad info, and the the QDRO was denied by his retirement plan company. Therefore they did not recogize me as the alternte payee, and distributed 100% of the funds to him. He then transfered it to an IRA account, He is willing to pay me the agreed upon 25% but wants me to pay the taxes? I am told I don’t have to pay taxes because the QDRO was not in effect. Is this true?
My husband and I are getting divorced. I just found out that he took all of his money out of his ira last year so I wouldn’t get anything from the account. I thought that because we were married that he needed my permission to make any kind of withdrawal from the account. I need to know if I should get a lawyer I want to know what my rights are. We were married over 20 years and now he is leaving me for a younger girl. When I questioned the Ira company they said I had no rights to the account because it was in his name. I was only the beneficiary. I was there when the account was opened and was told that we both were needed to make any king of withdrawals. They told me they don’t know what I am talking about. The agent we used is no longer with them.
Please let me know if I do have rights.
ive been married 12 years and my divorce is almost final my husband took all the money out shouldnt i get half
I am legally separated in CA. My husband began liquidating the community property IRA after retaining a divorce attorney, but prior to filing for dissolution. After filing for dissolution, before I had notice, and without my consent, he liquidated 100% of what remained in the IRA. The broker is his brother, who had been aware of the dissolution petition and retention of a divorce attorney. Is this an SEC violation, and is there a remedy?
Thank you. I realize I may have some rights in the division of marital property, but there is not much left.
I have a significant amount of money in several Roth and Simple IRA accounts. I no longer contribute to these accounts but they are growing through a variety of investment vehicles. If I remarry but it doesn’t work out and end up divorced, would these accounts be touchable in a divorce. I live in California.
I received a QDRO and received the letter from my ex’s company over 8 yrs ago. I have not received anything since. I decided to look into it because he has avout 34 yrs with the company. When I called the company they now have another company taking care of their benefits. When I called that company they have no order or say they haven’t any information about it. I now got to fax them the order. According to the plan, I found out after much research, that his plan retirement age was 50 and he is now 52. Can I get paid for those 2 yrs. they did not inform me about?
When my husband retired his 401k was in an account where if he took out money I had to sign for it. Without me knowing he somehow got the money transferred to an account only he had control of, which he has now spent all of. I live in Texas. I thought he had to have me sign to have it transferred and should I file divorce can I pursue getting my share ?
In my divorce settlement I was awarded half of my husbands 401k for the period we were married…it was figured on the amount profited in the account which…seeing the market was at an all time low…leaves me with 8.40 cents…now my attorney says we should file a motion to change ruling as there was over 20 thousand put into account during marital period..I assumed this would be the way it was done…so is it legal to just divide the profit…or is it suppose to the amount contributed into the account out of my husbands earnings?
My ex and I had an extra 20% built into the QDRO settlement to cover my half od the expenses after the divorse. In addition I was dumb enough to make a verbal agreement with her that what ever was left over after paying my share of the debt she would refund back to me. This way we could avoid the 10% penalty. Well she now is refusing to refund back my share which equals about $8900. Do I have any chance of recovering this money? And what penalties might be involved for both her and me if I were to file a complaint that she is withholding this money from me?
Our divorce was finalized in August. I was awarded 27k of my ex’s 401k and he was court ordered to pay 10k of my attorney fees and he was awarded the martial home. He recently fired his attorney (just weeks from these 3 final things being done). Is he in contempt of court if he doesn’t do these things on his own? Also, it says no where in our paperwork who claims the children (we have 2) to the IRS come tax return time. I was awarded the majority time share holder. Any info you provide would be appreciated.
When I got married my 401K had $102,000 in it My marriage ended after eight years and at that time my 401K had $116,000. What is the amount to be divided in an equitable settlement?
My wife has a beneficiary IRA she recieved when her father died 2 years ago. We are seperated and probably getting divorced. Do i get half of her beneficiary IRA because its an IRA in her name?
Hi Billy, my name is josh and i saw your post about a beneficiary ira in your divorce. i’m going through the very same thing right now and she doesn’t seem to think that i am intitled to half. could you e-mail me and let me know how things turned out for you. i would really appreciate that
thanks
joshua
My wife inherited an IRA from her father when he passed away. It is currently titled as a beneficiary ira in her name. Since I get half of her ira by law, do I get half of her beneficiary IRA as well
My husband and I were married for 18 years. After five years we began living together more for convenience and companionship in what I suppose could be considered Common Law. At our divorce, I did not know my rights regarding his Oklahoma State Employees Retirement, nor did my attorney discuss my options in this regard. We were, all told, together for 38 years until his death three months ago. When I contacted OSPERS fifteen years ago, I was told I absolutely was not eligible for his retirement even though we were for all intents and purposes legally married. I was told once the retirement is set, it cannot be changed under any circumstances. As you can imagine, upon my husband’s death, I lost a substantial amount of income provided to me by him through his retirement benefits. Do I have any recourse in this matter?
My mother and father were married for 22 years. They divorced in 1996 in the state of Texas. My mother was supposed to receive half of his retirement benefits. He worked at General Motors for about 25 years, then went to jail for two years. He was let go by GM, because he was gone for longer than one year. I’m not sure if he actually ever received benefits from his pension, but he was still entitled to the benefits, right? He died in 2008 at age 57. My mother tried to contact the pension department at GM and they said that she wasn’t entitled to his benefits. Apparently, her divorce attorney didn’t mail them the correct information and never received a response after the divorce was final. The attorney has since left the firm she worked at and works by herself. She will not take my mother’s phone calls. My mother went to the firm and let them know about the situation. One of the attorneys there sent two letters to GM with no response. My mother is close to retirement age and we would like to know how to continue, so she can receive the retirement benefits she’s entitled to.
I live in wv. I was divorced in Dec. 2008. My ex husband had cashed in his 401K and 403K before we divorced..Isn’t there a law that I was to sign in orderfor him to cash these in? I was told by the judge that he could not recover any of this for me since it was martial property and that he had cashed it in and states that he no longer has any of the money…I am wondering if his girlfriend signed my name to cash these in…would not be the first time that he signed my name.
I’m getting a divorce. My husband has a 401k which I know I’m entitled to 1/2. He is buying me out of our home and wants to pay me the $35,000 by transfering this amount from his 50% portion of his 401k to my account that will be set up. Who will be responsible for penalties for early withdrawal? I am 57 1/2 and know I can start withdrawing at 59 1/2. What are the consequenses to me to allow this? Thank you.
I was married 20 years. I am 62 and X is 50. Divorce papers stated I get 50% of MARITAL portion of pention funds. He had $18,000 previous to marriage but account is now over 450.000. Does he get to deduct the interest and gains on that 18,000 for the 20 years of marriage or just the $18,000.?
I did not contribute to these funds
He claims I am only entittled to $60,000.
My ex and I have been divorced for 14 years and have never divided our assets due to my illness and him refusing to cooperate. He is now retired and I want to file for my share of the pension and preferrably without a lawyer. Can I just go to his pension administrator and request my share?
A divorce decree has stipulated an exact dollar amount of the husband’s lump sum pension benefit to be given to the wife as of the divorce date. The supplemental QDRO states a percentage rather than a specific amount and at the time of the pension distribution (4 years later), the amount distributed to the wife substantially exceeds the amount established in the divorce decree. Which document prevails, the divorce decree or the QDRO?
My husband & I were divorced 5 years ago and he has not transferred the funds to me per the QDRO. What can I do? I have asked him on numerous occasions to take care of this but he has not done so. We were married and divorced in Illinois where he still resides. I now live in Missouri. My divorce lawyer is of no help to me as he developed dementia (not that anyone will admit it) and when I phoned his office I was told to contact my husbands employer. I told the secretary that my husband had changed employers since the divorce. She had no advice. I don’t feel I should have to hire another lawyer and pay to make my husband do what he was court ordered to do nearly 5 years ago but I am getting very nervous about the money. What can I do?
My husband dosn’t love me anymore. He took money from the IRA last week neither of us has filed yet. What if he cleans me out before the Lawyer is involved does he have to account for this?
My divorce decree does not say anything specific about my pension…just basically that we split what we split and were done. It was not contested…we didnt fight over anything…he wanted nothing, and actually we had nothing. Except for a begining of my growing pension which neither of us even realized would be of value. That was 1989. There was no QDRO filed. Now I am 66 and trying to get my pension…the pension administrator said they need more information to know how to allocate my pension. SO I guess the question is…if a divoce decree does not specifically say then who gets what? Is it …mine 100% unless stipulated otherwise…he should have made sure to stipulate if he wanted half OR is it …50%/50% unless I stipulated that I got 100%???
I have the same problem if you get an answer let me know I live in a community property state and my x will not go to court to establish the document
My husband died this year. His exwife had no qdro in place after six years of divorce. The company gave her 90 days to get one in. She couldnt do it in that time and I was awarded the 401k. My attorney said she cant come back to me and sue because the monies have been given to me and in my name now. The only thing she can do is sue her lawyer for not protecting her interest in it. During the divorce file a qdro cause if your ex dies or the money leaves the 401k you are out of luck.
I know this message comes late ..but I was looking for information on here and hopes this can help others.
my ex cashed in his retirement accounts after the judge awarded them to me. my attorney filled out the qdro and my ex husband is required to sign it he has been dodging it for almost 6 months we got divorced in march of this year and I found out he cashed in his retirement accounts in july and pissed away the money in two months my attorney says I have no case in the mean time we have paid the attorney to get my ex to sign but nothing
My husband set up an ira account for himself when we were dating. Its mutual funds. After we were married he rolled some funds from stock into it from a previous company he worked for. He always said it was too much trouble to put my name on the account after we were married so he just put me down as beneficiary. Now that we are getting a divorce my attorney says I won’t get any of that money because the account was started before we were married. Its up to 45,000 dollars and we’ve been married 13 years and I dated him for 5 before that. I feel entitled to half because all that money was built up while we were married. My attorney says its because he never added to it and just let it build on it’s own. I found in some old paperwork that one year he closed that account. It says he liquidated all assets and transferred them as cash to a new account. New mutual fund ira. Does that mean since he did that during marriage I can get my half? Or do I still get screwed because he didn’t add any extra money?
have been married almost 16 yrs, the last 6 apart. together here and there, now and then.he requested to come home in dec 2010. meanwhile had 23 year old g.f. who has spouse and ended up expecting. the he was fired for his conduct at work which also had to do with the got 9,her. he has never mentioned divorce. has recently said i love you. on his 401 i am beneficiary. company also has retirement plan. he said he received his pension and would give me 2k. i said roll it over..now he says he will give me 4k, that he received 9k and my last chance to get money if i need it. he refuses to provide any support. i received almost 2dk after 6 years lump sum. hes been there 23 and says he only received9. trying to bully me over the phone to agree. i told him doesn’t pencil out and i wanted to see the paperwork. hes not happy. i also know he has taken money from the 401. he thought had to pay taxes so we still filed together. i researched and we didn’t. so then he refused to file married. still married. no legal separation. doesn’t pay anything. lost insurance and job literally because of his 23 yr. old gf. i have been under drs and pychiatrist care since before he abandoned our family. and i know he is trying to force me to agree verbally with something he doesn’t want to show me. he now lives with her. and unexpectedly. she is soon to give birth. which i just found out a week ago. he has never requested divorce or menetioned all of the above. other than the plans and only because he was fired. or they would still be in action for no idea of another word to use. so where do i stand?????????????????????????????????????????? our relationship is 23 yrs. married almost 16. i do feel that she does not deserve anything that belsongs to me and my family who have dealt with him for these 23 years. i desperately need advice because as i said he does not contribute nothing to my home. i have been surviving on a fixed income with my children for all this time.and what of the new baby. not fault of the babies. what does that do financial wise to any claim i am trying to receive??????????????? hes trying to pass her off as his spouse. she uses our last name. but also receives calworks. i really really need some advice on what to do asap. please help me. thank you very much. because i can no longer handle the stress and mental anquish this is causing me and my children s stress because they do not like to see me upset. thanks and appreciation
I live in NE and as far as I know its a no fault state. Im 57 and my husband is 68 and retired. We were married 31 years but separeted for the last 9. I filed for divorce 9 months ago and am confused about his pension. Do I get a portion of that? I emailed my lawyer and told him I was barely surviving month to month and wanted this to be settled. He emailed me back saying he doesnt know how proceeding with the divorce is going to help me financially. Am I wrong or do I need a different lawyer. Ive already paid this man $1300.
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I absolutely adore reading your blog posts, the variety of writing is smashing.This blog as usual was educational, I have had to bookmark your site and subscribe to your feed in i feed. Your theme looks lovely.Thanks for sharing.
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I got divorced and filed a qdro. My ex;s company sent me paperwork stating how much I will recieve when she retires. they said she can collect at age 63.She will have 30 years completed in 2 more years at age 55 she will be eligible for early retirement..My question is can I collect my half at age 55 also ? my lawyer says I should have the same rights as an employee due to the qdro.
I have been married for 23 years but only lived with my husband for the first 5 years we are going through a divorce now what percentage of pension am I entitled to?
My husband and I are divorcing after 6 years of marriage He is already retired and has assets almost double mine. I still work and have a 401K plan. What are the chances the Court will give him part of my 401K? He has not been without a job because of children, homemaking, etc. He is retired. As I understand it the law was enacted in order to protect women how were not employed because of children, etc. What cha’ think?
my exhusband is 59 he had a stroke 3 years ago. i am 60 i got half of the pension from r.c.a. when can i draw this out if he is total disabled
Hi, I was wondering my husband who will be my ex has an IRA plan. I’ve seen the tax form but don’t understand how to determined how much he actually has in the account. How can I determined what he actually has with what is marked on his tax return?
I am leaving my IRA to my daugther,Will it have to go to a probate court in Connecticut and will she have to pay Federal and taxes on the amount
recieved?
Let me see if I am hearing you correctly. If husband started 401K say in 1980 and was married in 1990. Wife is entitled to 1/2 of the value minus the value between 1980 to 1990?
Husband keeps 100% of 401k that was funded prior to the marriage?
No the wife is only entitled to half of the 401K for the years you were married. You married in 1990 and lets say you are in process of divorce. She is entitled to the 401K from 1990 until the date one of you had filed for the divorce. If you filed January 1991 then she is only entitled to 1 yr. It starts with the day you marry and ends with the date the divorce was actually filed for.
Does QDRO include seperation years as part of a marriage? or is it limited to the years spend together?
My husband and I will only have been married for 2 years in december..We are getting a divorce and this is our second marriage to each other..I was wonder we put in some money in some stock and he just resently got a payout..I wanted to know if I could file to get half of the payout seem as though we put in the stock together but it was in his name..
I have a 403b she will get half (as we live in California) how is this typically paid out in family court?
Thanks.
My ex-husband has decided to relinquish his rights to his portion of my 401k. Divorce is already finalized, and the QDRO was filed, approved by the courts, and by my plan. What do I do now to close out the QDRO and insure my ex-husband has fully given up his rights to the money? I wouldn’t want him coming back 10 years from now trying to collect his portion again.
I am divorcing my spouse, he was retired and receiving disability when we got married. I work and make a nice salary. I also committed infidelity. Am I entitled to any of his retirement benefits? Based on California or Arizona laws
I was awarded 50% of my exhusband tier 2 he worked for the railroad. He is now going to receive full disability at age 41. I was told I collect from his monthly income now sence I was awarded 50%. He says i have to wait till 62.
What happens if a divorce occurred in California and the wife was told there would be no retirement because the husband had already drawn out the funds to further his education, so it was stated that he would keep his retirement? This was deceptive and California is a 50/50 state. Is it possible to go back after a number of years and make a claim for the wife’s portion? The couple was married 17 years and had three children, which the wife subsequently reared by herself.
Thanks
I was ordered half of my ex husbands 401k’s in our divorce decree. I have received distribution on one of them however fighting with the other one. I sent them a QDRO however the administrator has informed me that my ex husband converted the 401k to an IRA and ow my QDRO is insufficient. The administrator told me a need a different court order. What type of order do I need? They said otherwise my ex husband has to complete a distribution form and he refuses.
I got married in GA, divorced in TX on August, 2011. After that I moved back to GA. Currently, my ex resides in Connecticut. According to Texas Court order and QDRO, I am entitled to the part of my ex’s 401K. He refuses to comply with the TX Court Order and sign the Distribution Form as an account administrator. His 401K company has declined to distribute the amount into my account with them according to Court’s order. What should I do now? Should I file to the court and in which state to defend my rights?
Thank you in advance.
My brother is getting divorced in Ne. he has a 401K and so does she, he wants to know if she can get any of his since she has a 401K and if she can what percent.Or does it depend on who has the most in their 401K?
from day you married to the day one of you filed for divorce.
I am divorced and I will be receieving my ex husband’s 401K when he retires, I will be getting married in July, do I lose out on the 401K if I remarry?
No, because they consider the amount of the 401K QDRO from the day you marry until the day the divorce is filed (whether you file or he files). This is money that you are entitled to because it is considered a marital distribution. You would not be entitled to alimony but the 401K, yes.
I am to recieve a portion of my ex husband 401k. I am buying a house and I would like to withdraw the money for that and pay off debts and put the rest of it in cds at the bank. Will I have to pay taxes and penalties to do this?
If you are awarded a QDRO then you will have a one time penalty free withdrawl. You still have to pay the taxes, which figure out to be abt 22%.
was not vested in my pension the first 13 yrs of my marraige and qdro says ex is entitled to 50% of my participation in plan during marraige..so is she only entitle to the part from when I started to be vested until the divorce date or for the years of the marraige??
because you were not vested for the first 13 yrs of marriage, there is nothing there to split..so it would be from the day you became vested until the day either filed for divorce
My ex-husband retired in 2005 or 2006 from GMC Lake Orion Plant
I did not get any of his pension plan or 401k we were married for 12 years we got marry when he started GMC I was a stay at home mom with 3 children to rasied we were happy for 15 years of our relationship he cheated and abandoned me and my kids my kids stay with him for about 3 years becuase he told me he was keekping them for the summer my kids came to me when they were teens because they were having problems with him and his wife my question is can I sue him for back spouse support and retirement 401k and pension funds he got his retirement pay in 2005 or 2006 didnot give me anything I deserved my portion cause we were married when he started working he got a divorced without telling me I never got a chance to tell my side to the judge can I reopen my divorced case against I lost my home cause he refused to pay mortage for my kids we were forced to stay with family members please tell me how to file a QDRO paper to redo my divorced case
My husband was married before. He passed away five months ago and the ex wife went after the 401k because in the divorce agreement it states she gets half. The plan people at 401k office told her she should of got this 6 years ago when the divorce was final. They told her she has 90 days to get a quado if she dont she loses out. Well today is the 90 days and still she has not gave them anything. I called and asked what the status is on my husbands 401k and they told me the ex lost it because she didnt have the quado. Now most states require that a quado be done before the person who owns the plan dies. I am wondering why they gave her the 90 days. And since she didnt get it in on time can she sue me for the monies later? She has been a nightmare in our marriage till the day my husband died!
I was married for 25 years, in my divorce settlement they said my attorney would prepare a qdro and i had to wait till my X was 59 1/2 to get my portion of his ira. well it is getting near that time and i would like to know how i go about collecting that money. i never got a copy of the qdro that was prepared. not even sure if the attorney is still practicing. what documents do i need and where do i go from here. the state is florida. thank you in advance for any advice you can share with me.
This sounds like a pension Qdro not a 401K Qdro. If it is a pension Qdro this could be true, the part abt waiting until 59 1/2. My ex has a pension as well, but his plan indicates that at 50 or 30 yrs in he could retire. I am now getting a set amount every month until I die. I am 45. You may need to go to the court house where your divorce took place to check if a Qdro was prepared. In my case, we brought in a CPA who does the Qdro’s all the time. It cost my ex and I $200 a piece to do the 401 and $200 a piece to do the pension Qdro. Once the Qdro got done it was sent to the judge who signed it, then in turn went to his pension/401 dept at his job. So it sounds like it could be possible that one was never prepared.
Just before my divorce in 2005, my ex husband took $40K form his 401K. He did not disclose this. When I filed my 2005 taxes, the IRS withheld $8K from my return because I was married to him at the time he took out the $40K. He did not file his taxes until late 2005 and did not pay anything in penalty. Can I apply to have all of this money or at least half of it refunded to me?
If I accept a buy out from my current employer , will I have to give any to my soon to be ex-spouse, I live in Michigan, and the divorce have been filed for 4 months now?
my husband work for north folk and western when we divorce and had a 401k there was nothing in our divorce agreement about this i,m i still intitle to my share and his railroad pension i married after the divorce now widow thank you for any help you can give me
My husband is the named beneficiary of his deceased mothers pension and the pay out will be over 20k in Ohio married couples split everything in half upon divorce. Once that is placed into our joint checking (before I file for divorce) am I entitled to 1/2?
I have been divorced 12 years had a 401k time of divorce when they split the 401k then deducted what she owed since we accumulated debt..i owed her x many dollars the court ordered to pay her off in two payments which was 6 months apart…i paid her by cash , now i become disabled and need to roll over 401k but since they read divorce decree they want documented records she has been paid….its hard to find my checks BUT the girl was paid off 12 years ago and i have custody of kids and she never was a mom to her kids,never sent cards or visited ,,,and i dont want to ask her to sign papers she has been satisfied in her divorce….shes liable to say she hasnt…what do i need to do?
day you marry until day either files for divorce
I have been divorced for 10 years, and I am remarrying, I would like to know if anyone would know if I would lose my 401K benefits from my exhusband. If anyone could help me with this.
the fact that you are remarrying should not effect your portion of the 401K. This amount is considered marital income from the day you married until the day you filed for divorce.
I have a QDRO filed in 1991 which gave a specific amount monthly as of the date my ex husband retires. I heard he retired as of today and he is only 61 years old but was offered a “golden handshake” to retire early. Does this affect my portion of the retirement benefit?
If a QDRO was part of your divorce and it was signed and filed at family court then NO it should not. For instance, in my case, my ex has been with his company for over 30 yrs. He is 51 yrs old, however, at 50 he was allowed to collect on his pension and retire if that is what he wanted. He can’t retire yet, but I am collecting on his pension now. It is a lower amount than if I waited until he turned 65 but I chose to collect now. I am 45 and I will collect until the day I die.
My mom and dad are still married and were together 31 out of the 32 years of marriage! My dad finds out last year that my mom has been unfaithful the whole marriage and he makes her leave the house. He still hasn’t filed for divorce because he is afraid that she will still be entitled to his retirement benefits! If she were unfaithful the whole marriage and he has proof that she was can she still get his retirement benefits? They live in AL if that makes a difference!
married in ca less than 5 years and now divorcing. we took loans out of 401k and the payment is deducted from my payck. will the loans be considered in the division of funds?
My wife died and I am trying to get the 401, I have submitted all the required documents and the company says it’s in the review process.
I am the sole benifacure it has been 5 weeks. they tell me there is NO time limit on the review process. they have even went to the extreams and said it could even take 10 years…. I want to know in TEXAS how long do they have before releasing the money. Thnak you
my husband and i are getting a divorce I know i get half his his ira was ecrued during the marriage . He just found out he has prostate cancer . can he leaglly change his benificary on these accts . and what happens if he passes away . we were married 35 years adn are not divorced yet
During divorce proceedings (in NJ) any insurance or beneficiaries are not allowed to be changed. My ex had to keep me on his health, life and auto insurance until the judge signed the divorce papers. He also had to keep me as beneficiary on his 401K and pension. I only know the laws in NJ because I went through hell with my divorce. The fact that he has prostate cancer should not effect anything to do with the 401K, pension or any other retirement accounts.
How is it determined the percentage of a State Law Enforcement Pension is received by the spouse.
My son divorced in 2010, he has custody of his 2 children and sole financial responsiability, college, day to day, etc…He is changing jobs in the near future and wants to roll his 401K over, his wife got a portion of it in the divorce settlement, but she was to do the paper work and pay for what ever it cost to get her portion…..she never did that, now 2yrs. later my son has a larger amt. in the 401K,,,,Friends tell him, she never took it, it is yours, I told him, not to believe that, just because she did not take the time to do what she needed to, to get the money does not mean it is not hers to take….My sons oldest begins college next year and he is responsible for this also (no help from her mother)…..What should he do?
If a divorce was finalized in January of 2010 and it was just revealed/realized that one spouse’s retirement fund (from 15 years of teaching) was not claimed as intangible property is it possible to go back to court to have it considered?
i have a similar problem..
Married for 12yrs, considering divorce due to spouse infidelity. I have $150,000 in my mutual funds started this investment over 18yrs ago. I am wondering if my would to be xhusb. is entitled to any fund from me. I live in NJ.
I am sorry to tell you this but he would be eligible for a portion of this fund from the date you married until the date you file for divorce. He would not be able to touch the fund prior to the marriage date, meaning that for the first 6 years that portion is not considered a marital distribution. Splitting of mutual funds are different than if you just had a checking/savings account. Mutual funds rely on the stock market, which fluctuates. Make sure that if you do file, that you tell your attorney this information right away. I am sure that if you have had this fund for 18 yrs you have a substantial amount of money there.
I was married for 28 years when my ex-husband announced he wanted a divorce. He was willing to give me 100% of his retirement pension (fire Dept.) for 13 years as long as I signed over the business we owned. I complied and the business failed two years later. I currently am paid directly every two weeks but my concern is at the end of 13 years he will fail to split his retirement with me as the QDRO states. The plan administrator said at that point they will no longer pay me but pay him 100% of the pension leaving him to split it with me. If he refuses, what do I do?
When you made this deal did you have an attorney present? It sounds as though you got the short end of the stick. Is this all in writing and filed within the court system? If this is documented in the courts then once you reach the 13 yr date, that is all he has to pay you. I can’t imagine an attorney recommending this deal. If this was documented then at the end of the 13 yrs he does not have to pay you any more..a deal is a deal.
Yes because it would still be considered maritial property. The fact that you did not know about this makes me wonder what else you were not told about. You must consider though if the amount of this fund is worth the cost for you to hire and attorney and fight for half. Is the retirement fund a pension? Is it a 401K? These accounts matter because as I have said it is based on the stock market and how the accounts are gaining or losing. In other words, if there is $25,000 in the account, and you get a portion (you do not indicate how long you were married) you might only get $10,000, and your attorney is going to charge you $6,000, is it worth it? However, if there is a substantial amout, go for it. You may not even have to involve an attorney. You can hire a professional who does QDOR retirement or Qdro 401 accounts. Eliminate the middle party.
I was married 17 yrs, uncontested divorce (he cheated) I could not afford a lawyer. He retired after 30 yrs.
What if this QDRO paperwork was never brought to my attention at the time of the divorce? Anything I can do now?
If you did not have an attorney present then you would have had no idea what a QDRO was or is. I didn’t. The only reason I knew abt it was because my attorney has been practicing family law for many, many years. It was also something that seemed to be a given. Fought on a lot of other stuff, but the QDRO Pension and QDRO 401K was settled right at the beginning without fuss or fight. I would either call an attorney or a QDRO specialist. These are usually CPA’s that do this and specialize in them.
I worked for 36 years and took a lump sum retirement payment (IRA) in 2006. This lump sum was built over the 36 years employed. My first wife split what had accured up till 1997. I married my second wife in Oct 2002 and my understanding is that she’s only entitled to half of what was contributed from the Oct 2002 till May 2006 when I retired. I live in Florida. Is this true? Please help!
No. She is entitled to 1/2 from date of marriage until date when the divorce is filed. This is the case in NJ. If you are still married she will be entitled to 1/2 from Oct 2002 until today Oct 2012.
I got notice form a previous employer of almost 10 years that for a short period of time I could use several options for my retirement account. I am 55 and would like to take lump sum due to finances. However, due to marrital problems my wife refuses to sign to withdraw the funds. She pays half the bills I pay half. She makes twice as much as I do annually.I have been contenplating divorce for a while now, How can i get my money from my previous employer? They tell me she has to sign before I can get it. I only have a few day to get this form back to them or I will have to wait till retirement age, Can anyone give advise, I am desperate for funds do to slow times @ work.
My uncle died in 2010, and My aunty still trying to get funds.
I got divorced in June 2011 and in our divorce decree, we agreed to split my 401k 50/50 from date 1/1/2005 to 1/1/2010. That amount was 17260.00 when she cashed out her portion she got an additional 2600$ with her check payout,” dividends and interest on that money till date of payout” since we both agreed on an amount and both initialed the 1/1/2010 date on divorce decree, is that overage hers legally ?
My wife and I cashed in our 401k’s which were earned prior to our marriage, combined them and used the money to start a business. Once the business showed promise she filed for divorce and is trying to take it all and leave me with the debt. Now she is saying that since the 401k’s were assets before marriage, that she is entitled to take that cash from me. I am under the impression that when we cashed them and combined them to start a business together that they became a part of the business, which is community property and thuse evenly split in a divorce. It this correct?
I would like to speak (or email) the person who wrote this article and I am willing to pay for their counsel. This is the first attorney I have discovered that understands the difference in valuing qualified vs. non-qualified assets.
Here’s a simplified version of my scenario:
I am getting divorced in California. The main assets are a house with $600K in Equity (and no capital gains liability if it were sold), and Qualified Assets (IRA & 401-k) with a Face Value of $600K. Our attorneys have advised that the courts think that there is no difference between qualified and non-qualified money. Thus, they think if my spouse gets the house and I get the qualified assets, that this is an equitable 50/50 split. I completely disagree as there is a huge tax liability built into the Qualified Assets.
I have a hard time believing the courts don’t recognize this. So I am looking for some precedents to illustrate to them that this is not an apples-to-apples comparison. Any advice would be much appreciated. Actual case precedents that I could use would be extremely appreciated.
Please don’t give me a generic answer though. I’m a financial planner and have been frustrated by my own attorney’s lack of understanding on this subject. Your article indicates that you understand this issue, but to emphasize it (for others reading this note), here’s an example of how significant the difference is:
If you, as an attorney, have a 401-k plan or IRA that has a Face Value of $600K, and someone offered you $600K in cash for it, would you take it?
If you understand that you would be getting the deal of a lifetime because the transaction would save you roughly 35% in Federal Income Tax, 9.3% in California State Income Tax, and a 10% penalty if you are under 59 1/2 years old, then you see my point. That $600K in cash (or $600K in house equity) is worth a heck of a lot more than an IRA with a Face Value of $600K.
Thanks.
I would like to speak (or email) the author of this article and I am willing to pay for his/her counsel.
Although I did not write the article, I have 35+ yers of experience in drafting and processing QDROs. That is nowadays the primary focus of my practice. Feel free to get in touch. Check my website for more information.
There are two types of annuities one is current and one is saving what is the difference between them?
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In the process of retiring, I have a 403b( money that I save separately after contributing to my state retirement plan,)through my job. If I rollover it over into an IRA will my husband be entitled to it, who cheated for years, resign from his job, withdrew $90,000.00 from his retirement without my consent, forged my name to co-signed for his lover house. Also, we have real estate property that will be included in the divorce. If I close out my IRA account would he be entitled to that also.
Reading the comments here provides a beautiful reminder to never again be married! How sad and pathetic we all are. Yes, I’ve been married and divorced and I didn’t find the outcome to be fair at all, but today I am happy and debt-free and independent and I won’t ever have to go through all of this BS again. Live free, follow your bliss, but don’t co-mingle every cent you’ll ever earn – most people do not live happily ever after!
I have two formulas and I need to check only one: My wife is awarded 50% of the community interest of my retirement plan. I was terminated from my work and I need to pull a lump sum but know they are asking me to check one off and I am confuse. Item A the alternate payee is entitled to receive as her sole and seprate property, directly from the system or plan a percentage of the lump sum refund plus the corresponding percentage of an enhanced refund(if any) based on the following formula: total months married and purchases completed during marriage X .50 or Item C alternate payee is entitled to receive her sole and separate property directely from the system a specific percentage__%.
my girl friend is entitled to a percentage of her husbands pension
he will retire before she will, does she have to take the money at that point or can she roll it over to another ira account.. if he retires at say 60 and she is 53.. what are the tax implications
Dear John – I am assuming this is not a State retirement plan pension. She may be able to roll it over. Look in the terms of the plan, it will say if the plan allows an alternate payee (her) to roll it over. About her having to take the money when he retires, that would depend on how the QDRO (if any) was drafted. I hope this helps. Best of luck to you. Disclaimer – this response is not meant to constitute legal advice and does not establish an attorney-client relationship.
my husband and I have been married 7 yrs. Divorce is immanent. He does not have a retirement and I do. Does he get half of my retirement
I live in Ohio. Have been divorced for 15 years. My ex works/worked for General Motors.
He was 65 years old last year, but I have heard nothing about collecting his retirement (based on a QDRO that was filed). If he DID stop working, but does NOT file to collect his retirement, does that mean I can’t collect it?
Dear What to do — Whether you can start to withdraw your assigned benefit independent from what he does, depends on the terms of the QDRO that was filed and on the terms of the retirement plan. You may be able to collect it, it is possible if the plan terms and the QDRO provide for it. I hope this helps. Best of luck to you. Disclaimer – this response is not meant to constitute legal advice and does not establish an attorney-client relationship.
I was divorced in 2011 from a military member. All paperwork was filed with DFAS including QDRO. DFAS gave me my 20/20/20. I am on SDI have been almost our whole marriage. He left military earlier this year 2015, but is not filing his retirement papers with DFAS (he is claiming he is not eligible, DFAS has confirmed he is). He immediately went into a Wa state job after military and I realized he likely has transferred the retirement through the CERS/FERS/PERS system. Although it says it is not allowed there does not seem to be any checks and balance system in place or any case law I can find regarding what happens if he transferred my portion of the retirement into one of these accounts. Do you know where I can look for this information?
In e state of WA how many years does a wife have to be married to her husband before she is entitled to investments such as 401k, pension
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I am retired and collecting a defined benefit pension (Florida). This is my only income.
My wife is still working part time…my income is about 18% more than hers.
I know value of a pension is considered a marital asset prior to someone retiring,
I read somewhere that after retirement it is considered income since I am no longer working or am i looking at losing half my income?
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My husband forged my name and took all of the retirement, can this be a tax deduction as a loss?
jw this was after 35 years of marriage, my husband forged my name and took all of the retirement, could I use this as a tax deduction as a loss?
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My ex-husband is increasing his 401k contributions through work does this mean I will receive less money in the child support I am to receive?
why do i still have to file a petition and motion on the QDRO and to get my ex served with it, if it is already in my final divorce decree stating that both parties agreed that we will file a QDRO and I am entitle to 50% of his retirement?
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My husband passed away 7 months ago. In his passing I found out that he had taken our retirement account and gave his two sons 30% because he had made it a TOD account. He then had another account in his sons name only that he left him with 500,000.00, I got 40% of the TOD account. He had been disabled since 1997 and I worked until last year when I retired to take care of him. What are my legal recourses. I was married to him 27 years. We got custody of his youngest son when he was 12 years old and I put him through collage. this is the son that got the 500,000.00 plus 30 % of the retirement investments.
Deborah_mck@att.net
I was divorced in 2006. My ex-husband was suppose to pay 50.00 a wk due to me from his 401k totaling 8,000 or so. He has not paid me not a dime for this. He was court ordered to pay. Do I still have the option to take him to court. He would still be paying even now on it. Would this still be enforced by the courts and could I have him pay for all up front since he has not paid nothing
I was only married for 7 years. How much could my husband get from my pension? I live in the state of California.
Addition to my previous posting regarding being married for only 7 years. How long do I have to pay him part of my pension? Is it lifetime? Thanks
I divorced in 2008. My ex-wife (alternate payee) died before I retired. My retirement and my private pension plan had QDRO’s sent to them to divide my benefits at retirement. My ex-wife passed away before I retired but I am told my reduced retirement and pension benefits are because of the QDRO they were sent. When I questioned them about this, I was told the QDRO made no mention of right of survivorship ! Serious? Can I have this QDRO which no long has any effect set aside by the court so that I can receive my full benefits in my retirement and pension plans?
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my wife and i have bee married for 17 years, we both work, and have 2 children. we are getting divorced, and she whats 3% of my retirement
I am legally separated and was given 1/2 my exs retirement pension. Every month it comes later and later what can I do ?
my husband and I have been married for 9years and 8months divorcing due to his abuse, alcoholism and infidelity. I asked for 1000 a month for a year and him pay for car and car note. My attorney said this was reasonable of course ex says will not do. He does not have to work have family with money. Sorry but he may have to actually get a loan or a job. We also have a dog – Weim and he will not allow me to see. Suggestions
Virginia Residence, Married 30 years, together 33…We have grown apart..he is 74 and wants to go back to college to take Forestry …He is retired Government..GS 11 with a pension and Thrift savings plan..after 38 years…and He is a Veteran..I worked, owned my own business, 28 years swimming pool business, owned a beauty polar and rented it out…I substituted in the Schools, Waitress work, Sold cars, and did what I could to make ends meet, educate our sons and held up my part of work. After he retired he choose where we were to live, and I had saved enough money to PAY CASH for our house…he promised me Electric upgrades, if he could get a 50,000 loan on the house…we got the loan..I never got the REPAIRS…where did the money go…I DON’T KNOW..but I had to start a business and work as a maid cleaning to pay it back…While he says he wants to get a job..ALL our married life when he said he was going to get a job…it meant it was time for me to get another job…he went out looking for job at 74…and comes home and says he is going to college instead….I WANT A DIVORCE from this MAN…I want HALF of the PENSION and HALF the THRIFT savings PLAN and HALF the HOUSE and everything we own…and THEN I WANT TO GO FAR AWAY from him as possible…I cut all the grass do all the weed wacking while he stares at me..he does NOTHING but sit in his lazy boy chair..and expects me to wait on him …..after I get through working on everything…and going to work..and cleaning for others..it would be nice to come home and see he has done something!!! I AM READY TO LIVE…without being an old mans DRUDGE>> WHAT are my chances of GETTING HALF after 33 years of SERVICE….I AM DONE! He says I am worthless, that nothing I ever did accounted for anything..and that he will see me dead before he gives me 1/2 his pension..he said he will buy me out for 5,000 and that is all take it or leave it…
the laws the law, you are entitled to something for sure. Good luck!!
You need a lawyers help ASAP! You need to clean out all bank accounts, do not put your house up again. It is going to “someone ” else for sure. If he keeps getting away with this type of behavior and THEFT he’ll leave you with nothing but more bills and a bigger mortgage instead of a house free n clear.
Wise up before it’s too late gather everything that’s not nailed down and clear it out. Do this with IRA’s, Roths, Retirements, CASH anything you can get your hands on. If you don’t, his “friend” will end up with more of YOUR money! Unless he’s burying it in the backyard….
A couple gets a divorce. The ex wife wants half of what the husband’s pension accrued during their 15 years of marriage. To collect the max amount, the husband must work til 62 with at least 30 years of time working for his employer, but he started young, and will have 40 years of service under his belt at age 62. Will these extra years worked replace or make up for the income (7 and a half years of pension) that will be lost to the ex wife?
Ok my question is this, we both have retirement plans and 401ks I just got served last week. If I was to leave my job, which we had planned before the divorce, and cash all that out. I wouldn’t have to split any of it with her if we haven’t even gone to mediation or finalized the divorce? Someone help. Please answer privately my email is mrjoerose@gmail.com in subject just put “retirement ?” Thanks
I have been married for 18 yrs and going through a divorce. My husband works for the railroad. Just wondering if I’m entitled to a lump sum of his retirement or do I have to wait until retirement age to get my part?
My ex husband and I took lifetime draw on our 401k and we are both remarried. If one of us dies, can the the other ex spouce draw the whole amount until their death. I know that other than the two ex spouces, no others who can claim the amounts.
I retired in 1997 and I signed half to go to my wife when I die. I’ve been collecting my half since 1997 but now I want to stop paying and get my full retirement check. Can I do that ?
This is NOT about a divorce.
My husband worked at a lucrative career while I left my career to be a stay at home wife, mother and homemaker. My husband did his job…I did everything else. We are retired now with a comfortable 401K retirement plan, but I do not OWN a penny to my name. He is very generous and we lack for nothing, but everything must be done through him. Even though he has told our broker many times I can have any access I want…and signed a release form….the broker says he needs to ok any transactions.
Once the broker called with a great investment bond deal that needed approval immediately. My husband was out playing golf, but I told him it was ok to go ahead and buy it. Two days later I called to see how it went and he said he could not buy anything until my husband called him, so we lost out on a fantastic deal.
Also…. If anything happens to my husband whereby he needs emergency medical attention and cannot fend for himself…we would have no money.
Is there a way he can divide some this retirement account to my name to avoid all this hassle? My husband is not averse to doing this…but he has been told it is not allowed. Also, we have been told that even having a power of attorney will not always hold up in such a situation. Please advise.
My divorce papers state I get $45,000 in one lump sum. I was told it had to be done with a QDRO. Issue is after I get the settlement it is no longer $45,000 in a lump sum, but after taxes it is only $36,000. Is this fair or does the amount need to be adjusted to get the end amount of $45,000?
I never agreed to a segregation of his 401k, just to the lump sum.
received a portion of his pension as division of marital assets. he took early retirement, failed to disclose incomne and the purchase of a 2nd home and he was living with his fiancée. he retired early, my alimony is being paid by my portion of pension – against the law I now no I have gone bankrupt. my attny totally failed to properly represent me
i have been divorced for over 20 years. when i divorced – my ex filed against me – i was awarded a portion of his savings/pension plan in the settlement. i have never pursued collecting this, but am interested in doing it now. can i?
My wife and I are getting a divorce after 11 years. She has been cheating and I can prove it if neaded. Can she still get any of my 401k that has not been touch yet. I’m reserved in the Airforce and live in Texas
My divorce was final in 2006 we had a Afro order yet my husband had more than one retirement account he hid thru divorce I have all statements I rcvd my half of only one and we had a clause in divorce if there was a hidden asset it’s reason to reopen re figure asserts and even spousal. I live w him all but one year since 2006 I’m done im out and can he get away with keeping that hidden account
My ex husband retired he started the quadro for his pension I had refused to sign due yo the fact there was still the 401K he said he was only focusing on that one for he needed his pension now. I started trying to do the quadro on the 401 k called the plan to get statements for he had withdrawn money. He refused so now I have to supeona the records. In the meantime the plan froze his account. Hired an attorney, cone to find out he has withdrawn all the money knowing that court order says 50/50. Is he in contempt. I can’t believe he was able to withdraw the money after I had called the plan. I’m in California. Plus he stopped even paying me alimony 3 years ago so he is he in contempt
Any advice?
My ex just passed away. we were married for 14 years. do I have a claim against his teachers retirement plan not only social security ?
We’ve been married 33 years and we are both retired. Naturally, he earned more than I did and I had to take early retirement due to a disability which cut my pay in half. Now, he’s having an affair so we are getting a divorce. He is required to get 1/2 of my retirement and I’m required to get 1/2 of his. In reality, it really comes out to him just owing me $1230.24 per month. We own a business and I’m not even fighting for the business. I’ve been through enough and I just want help with this little money and just move on because I just can’t take the stress anymore. Well, the attorney is saying now that because they deduct $330 of income tax every month and only $243 from me. They have to deduct the $330 from the $1230.24 and I will receive the difference. Is this true? It just doesn’t seem fair and I’ve never heard of that. I mean, I’m not even asking for any part of the business and we’re selling the house and dividing the proceeds 50/50 and now, he’s refusing to even pay the mortgage when he knows I can’t even pay it myself! I just don’t understand this law or rule???
If my spouse quit her job and cleaned out her 401k and then filed for divorce 6 months later am I entitled to half that money?
If you are awarded 1/2 of a spouses pension in a divorce after 38 years of marriage can you remarry without losing said pension?
What to my husbands pension and life insurance he die if am stated as the benfecty . Can family come in and take it
I have been married 39 yrs..AM I ENTITLED TO HALF HIS PENSION & his PSP if I get a legal separation or divorce??
I was awarded half of my x husbands defined benefit ,I have been receiving this since2009 I did set up a QDROat the time of my divorce, I recently received a letter from the pension company stating they are going to terminate the defined benefit plan, if I understand it correctly they are offering me a lump sum, or annuity which is better
My husband got his pension money while we were waiting to seat for a round table with the lawyers i did.nt get a cend we.v been married for 27years how can i get my 50%
My friend says her spouse has been separated for 35 years and he has been living with another woman for that same amount of time. He is about to retire and is now serving her with divorce papers. Is she entitled to his retirement or any other money?
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If I retire can my husband get half of my retirement? Or is it just if he retires I get half???
I am legally married and have been for years to my husband for eight years no children with him my children where born after I moved out of the home can I still collect his social security?
I am 28 and he is 70 we have been married since I was 20
Divorce was final last week judge left case open . ex husband spent all of 401 on a 3 car steel garage 2 years ago which he put on his brothers property he rents when he decided he wanted a divorce and I was not getting his money.. The judge left case open so my attorney can find cases like mine to know better how 2 allocate ghost funds. He started he wanted to be able 2 give me 50% but how..when money was gone.. Anyone know anything.. Please I need 2 know I didn’t go through all I did for nothing..
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