Q.d.r.o. ??

[Crshjoy]

What is the name of your state?Wisconsin

My boyfriend's divorce was final November 1999. He is thinking of cashing in his 401(k). His divorce awarded his ex-wife 1/2 of his profit sharing plan. We checked the papers to see if there was a set amount, but there wasn't. The following is what we found under "Property Division" - "His profit sharing plan shall be divided equally with his wife by - Q.D.R.O." We have a few questions about this.

1.) Is his ex-wife entitled to 1/2 as of the date she kicked him out, as of the date of the divorce, or as of today?

2.) Who is responsible to file the Q.D.R.O.?

3.) If his ex-wife is responsible to file the Q.D.R.O. and she hasn't, is she entitled to anything if he cashes in his 401(k)?

I think these are the only questions I have right now. I will probably have more later.

Thank you in advance for your help.

[LdiJ]

Originally Posted by Crshjoy

What is the name of your state?Wisconsin

1.) Is his ex-wife entitled to 1/2 as of the date she kicked him out, as of the date of the divorce, or as of today?

My guess would be that its as of the date of the divorce.

2.) Who is responsible to file the Q.D.R.O.?

I can't help with that one...I could see it going either way. Hopefully someone else will know the answer. However if it isn't done before he cashes out the 401K he could be setting himself up for unnecessary tax liability.

3.) If his ex-wife is responsible to file the Q.D.R.O. and she hasn't, is she entitled to anything if he cashes in his 401(k)?

She is entitled to her half by court order. Its irrelevant that the QDRO hasn't been done yet.