401(K) Alternate Payee Rights

What is the name of your state?What is the name of your state? Hawaii

I am the Alternate Payee of my ex-husbands 401(K) pension plan. A QDRO has been filed with the Court. I am having a difficult time getting copies of my ex-husband's 401(K) pension statements listing the assets in his plan, since he is adversive to providing them voluntarily.

The 401(K) assets for all of the plan's participants were supposed to be transferred from one banking institution to another 3 years ago, but I am concerned that some of my husband's assets were not transferred, at his discretion. (His plan is a self-directing one, contained a variety of assets, and some assets were not acceptable for transfer to the new institution.)

What are my rights as the Alternate Payee to receive copies of my ex-husband's 401(K) asset statements? Am I entitled to receive copies of all of the Participant's statements in order to determine the amounts to be distributed under the QDRO, since the QDRO does not specify an exact amount to be distributed? What can I do to compell the Plan Administrators to release copies of the Participant's statements to me?

I can't answer those questions specifically but if you have a ADRO entitling you to half of the proceeds in the Plan, then theoretically you should have access to that information. I suggest you do the following, in this order, to obtain the answers/information you need.

1. Call the individual at your ex-husband's employer who handles 401(k) administration.

2. Contact the 401(k) Plan Trustee/investment advisor (the investment firm that actually handles the investments)

3. Contact the attorney who handled your divorce (I put this last as the first two are your free options.)