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statue of limitations for 401k plan

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loosingpatience

Junior Member
What is the name of your state? NJ

My ex husband was awarded a certain portion of my 401K (not working with this company any longer). what is the statue of limitations for him to take this out...we are divorced for a year, and who does the handling of this, my old company, or his attorney? I want to make sure he only takes what the court awarded him, what do i do.

thanks
loosingpatience.
:confused:
 


VeronicaGia

Senior Member
loosingpatience said:
What is the name of your state? NJ

My ex husband was awarded a certain portion of my 401K (not working with this company any longer). what is the statue of limitations for him to take this out...we are divorced for a year, and who does the handling of this, my old company, or his attorney? I want to make sure he only takes what the court awarded him, what do i do.

thanks
loosingpatience.
:confused:
Unless the court order says he has to take it before a certain date, to my knowledge, he can let it sit there. If he took it out now, he (and you) would have penalties.

If you want to force him to take it, take it back to court and get the judge to specify a date in which it must be withdrawn.
 

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