needhelp22
Junior Member
What is the name of your state (only U.S. law)? California
I was separated on November 1, 2005 and my divorce was final around
September of 2006. The problem is that the QDRO was not completed at the
time of our divorce. I'm not sure who was responsible for doing it, but my
ex-husband ignored it for a while & then I tried in vain to do the process
myself and finally turned it over to someone who just finished drafting one
for us and has gotten it approved.
Now my ex refuses to sign it because the "division date" is the date of our
divorce. He says he doesn't want to be responsible for paying me the difference
since the value of the 401k account has gone down dramatically since this date.
There was no date specified in our divorce decree as to the date that we should
split the funds. It just says that we split it 50/50.
So am I out the difference since it doesn't specify a date that we should split the
401k funds? If there is no date specified in the divorce decree, is there a date that
is legally assumed?
Also, am I in any way responsible for not getting the QDRO done? If so, what are
the legal ramifications of this? I have always been under the impression that it was his responsibility to do this since it was his retirement savings, but I am wondering now if I was correct to assume so.
Thanks in advance for your help.
I was separated on November 1, 2005 and my divorce was final around
September of 2006. The problem is that the QDRO was not completed at the
time of our divorce. I'm not sure who was responsible for doing it, but my
ex-husband ignored it for a while & then I tried in vain to do the process
myself and finally turned it over to someone who just finished drafting one
for us and has gotten it approved.
Now my ex refuses to sign it because the "division date" is the date of our
divorce. He says he doesn't want to be responsible for paying me the difference
since the value of the 401k account has gone down dramatically since this date.
There was no date specified in our divorce decree as to the date that we should
split the funds. It just says that we split it 50/50.
So am I out the difference since it doesn't specify a date that we should split the
401k funds? If there is no date specified in the divorce decree, is there a date that
is legally assumed?
Also, am I in any way responsible for not getting the QDRO done? If so, what are
the legal ramifications of this? I have always been under the impression that it was his responsibility to do this since it was his retirement savings, but I am wondering now if I was correct to assume so.
Thanks in advance for your help.