QDRO not filed years later and 401k needs to be moved - what to do?

[Harmonygrl]

What is the name of your state (only U.S. law)? Georgia

My husband got a divorce which was finalized in 2008. Part of the terms was a QDRO on his 401k, to be divided 50-50 between he and his ex. He paid the fees for the QDRO, and per the judge, her attorney was to execute it.

Seven years have passed, and this has not been done. Now, his former employer is forcing him to move his 401k out of their plan. He does not know how to proceed, and he sure doesn't want to get sued again, as his ex is very litigious.

He is not even sure if he can move it, because of the unexecuted QDRO. He contacted her attorney several times (though not recently) to get this done, and he got no responses.

He lives (with me) in another state now, and we don't know how to proceed. Thoughts from the group?

 

[adjusterjack]

I know quite a bit about QDROs from my divorce.

If the QDRO was never executed, filed with the court and served on the custodian of the account, then all he needs to do is open a regular IRA somewhere and roll the 401(k) account in to it.

Then he can deal with the QDRO and the splitting of the IRA into separate accounts.

One thing I learned about lawyers and QDROs is that many lawyers just flat out don't know how to do them and they'll take your money for the divorce and then just conveniently forget about the QDRO.

It's probably way too late to do anything about the previous lawyer so once he's got the IRA opened he can find a lawyer with QDRO experience and hire him to do it.

 

[Bali Hai]

I know quite a bit about QDROs from my divorce.

If the QDRO was never executed, filed with the court and served on the custodian of the account, then all he needs to do is open a regular IRA somewhere and roll the 401(k) account in to it.

Then he can deal with the QDRO and the splitting of the IRA into separate accounts.

One thing I learned about lawyers and QDROs is that many lawyers just flat out don't know how to do them and they'll take your money for the divorce and then just conveniently forget about the QDRO.

It's probably way too late to do anything about the previous lawyer so once he's got the IRA opened he can find a lawyer with QDRO experience and hire him to do it.

Hold your horses. Roll the 401k into an IRA, yes.

The court order instructs HER attorney to execute the QDRO. HE doesn't legally need to do jack other than what he has already done and that is pay for it.

 

[adjusterjack]

The court order instructs HER attorney to execute the QDRO. HE doesn't legally need to do jack other than what he has already done and that is pay for it.

I'll grant you that, if you want to rely on second hand information from the second wife.

 

[Bali Hai]

I'll grant you that, if you want to rely on second hand information from the second wife.

What are you relying on, a litigious first wife?

I'll go with what is presented by OP until such time that you impeach it. In the meantime you can spin it any way you want. Just expect to be challenged.