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Qdro

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DianaM

Guest
What is the name of your state? Illinois
I desparately need help. I live in Illinois. My QDRO states that I should receive a specific amount with neither any gains or losses. According to my divorce decree, I am to receive 54% of the value of the 401K as of March 22, 2001. The administrator of the 401K plan has approved the QDRO.

The problem is coming from my xhusband and his attorney. They want me to assume all the losses during the 2 years since I was divorced. My xhusband will not approve the QDRO unless I take the 2 years of losses. His attorney claims there is case law that when a QDRO takes a long time, the losses incurred by the 401K plan have to be passed. His attorney states that because I was awarded a percentage and not a dollar amount, I have to take all losses. My attorney does not know if there is such case law but she is unwilling to investigate this matter because of the time and money it would involve.

My question is, is there such case law that I have to incur the losses or should I go to court and fight to have the terms of my divorce adhered to?

Please help. If you can recommend an attorney that specializes in QDRO's in the Chicago area, it would be much appreciated. Thank you.
 



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