401K Quadro

[strawberry66]

What is the name of your state (only U.S. law)? CA / TX

Is there a time limit to file for a QUADRO 401K?

I lived with my Ex in TX and CA, where he worked and saved into a 401K plan.
He lives back in TX now, I live in gErmany.

Now divorced (German divorce, German marriage).
I probalby need my divorce paper accpeted in the States first. Apostile service, I guess.

Would I be entitled to a part of this 401K? We did live together in the States and I did not work at that time.
Which State would I have to file for a Quadro?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA / TX

Is there a time limit to file for a QUADRO 401K?

I lived with my Ex in TX and CA, where he worked and saved into a 401K plan.
He lives back in TX now, I live in gErmany.

Now divorced (German divorce, German marriage).
I probalby need my divorce paper accpeted in the States first. Apostile service, I guess.

Would I be entitled to a part of this 401K? We did live together in the States and I did not work at that time.
Which State would I have to file for a Quadro?

Was your German divorce considered bifurcated? Did the German divorce award you any of his 401k? Did the German divorce award you any property? Germany had jurisdiction PERSONALLY over him because you were married in Germany and he apparently lived there for at least a little bit.

 

[nextwife]

Is the divorce final and was any portion of each others retirement accrued during the marriage awarded to each other? Were you any he also living together as a married couple in Germany at all?

 

[strawberry66]

401K - German divorce

Is the divorce final and was any portion of each others retirement accrued during the marriage awarded to each other? Were you any he also living together as a married couple in Germany at all?

We lived in Germany for little more than 2 years together. In the states 7 years, and I was not allowed to work, so I dont have benefits, and even did not get benefits for child-retirement that I would have had in Germany (I still had a great time in the US, so I do not regret). Then 2 years until divorce, Me living in Germany, he in the states.

The German court order only splitted the German retirement plan. The US is considered to be pushed out until he gets his benefits (he will never tell me, but I guess 401Ks can be taken out with 60 something).
The divorce is final, but we have not split our assets, all those issues go through separate court orders, and yes, we do even clarify now allimony through court.

I would rather get this 401K split now, than wait and fight again in 20 years. Peace...

 

[LdiJ]

We lived in Germany for little more than 2 years together. In the states 7 years, and I was not allowed to work, so I dont have benefits, and even did not get benefits for child-retirement that I would have had in Germany (I still had a great time in the US, so I do not regret). Then 2 years until divorce, Me living in Germany, he in the states.

The German court order only splitted the German retirement plan. The US is considered to be pushed out until he gets his benefits (he will never tell me, but I guess 401Ks can be taken out with 60 something).
The divorce is final, but we have not split our assets, all those issues go through separate court orders, and yes, we do even clarify now allimony through court.

I would rather get this 401K split now, than wait and fight again in 20 years. Peace...

I think perhaps that you are not going to have any luck on the US 401k. A QDRO (Qualified Domestic Relations Order) is something that is ordered in the process of a divorce in the US. Your divorce took place in Germany and the court in Germany had no jurisdiction over a US 401K. You can certainly consult with a US attorney to see if there is any method under which you could fight to get a division of property (IE the US 401K) but I am guessing that the cost of doing so could be greater than the potential benefit based on the length of your marriage.

 

[strawberry66]

this does not sound so great at all. I will contact a lawyer find out more.
Thank you for your infos.