Property Settlement

[thomasl1956]

What is the name of your state? Washington. I was divorced in 2005 I was awarded 50% percent of my ex's IRA per divorce decree. I know it has been 15 years but I have now tried to get it, I sent all the required paperwork to the investment firm, they tell me it was transfered out in 2013 they will give no other info. I talked to my ex she claims she paid me, she will not show me proof. Is there a statue of limitations for me to claim this. There was no time frame in the decree.

Thanks,

Tom

 

[LdiJ]

What is the name of your state? Washington. I was divorced in 2005 I was awarded 50% percent of my ex's IRA per divorce decree. I know it has been 15 years but I have now tried to get it, I sent all the required paperwork to the investment firm, they tell me it was transfered out in 2013 they will give no other info. I talked to my ex she claims she paid me, she will not show me proof. Is there a statue of limitations for me to claim this. There was no time frame in the decree.

Thanks,

Tom

How much money are we talking about?

 

[justalayman]

Was a qdro issued to the plan administrator?


How old was your spouse at the time of the divorce?


It seems quite odd your ex would claim she paid you and you even acnkowledge it was possible by asking for proof. If you know she has not paid you, why would proof even come into the conversation? You just say no, you haven’t. Allowing for the possibility of proof suggests you may be accepting of the possibility she has already paid you.

 

[thomasl1956]

IRA's are split thru the divorce agreement not a qdro. Doesn't matter what her age was at the time, the Divorce decree clearly states husband shall receive 50% of wife's IRA. As far of proof I am giving her the benefit to prove herself.

 

[thomasl1956]

How much money are we talking about?

Not enough to hire a lawyer, but enough to pursue it on my own.

 

[LdiJ]

Please don't write your responses inside the quotes.

Since you prefer not to answer our questions please get a consult with a local attorney. I know that you don't want to hire one, but perhaps you will feel more comfortable answering their questions.

 

[Just Blue]

IRA's are split thru the divorce agreement not a qdro. Doesn't matter what her age was at the time, the Divorce decree clearly states husband shall receive 50% of wife's IRA. As far of proof I am giving her the benefit to prove herself.

The volunteers ask questions for a reason.

 

[justalayman]

IRA's are split thru the divorce agreement not a qdro. Doesn't matter what her age was at the time, the Divorce decree clearly states husband shall receive 50% of wife's IRA. As far of proof I am giving her the benefit to prove herself.

A qdro is sourced from a divorce settlement. It is a court order, based on the divorce settlement that encumbered the ira so that it is distributed as the divorce settlement demands. The divorce agreement is not enforceable upon third parties, such as the adminstrator of an ira. A QDRO is an order issued by the court that is enforceable on the administrator of a financial account.


https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-domestic-relations-order
From Forbes magazine:

If your divorce settlement agreement states that you will divide a pension and/or 401K plan, a court must order a Qualified Domestic Relations Order, commonly abbreviated as QDRO. (Note: A QDRO is not necessary to divide an IRA or a SEP. Also, military pensions, federal, state, county and city retirement plans have their own rules regarding division during divorce.) A QDRO will instruct the plan administrator on how to pay the non-employee spouse’s share of the plan benefits. A QDRO allows the funds in a retirement account to be separated and withdrawn without penalty and deposited into the non-employee spouse’s retirement account (typically an IRA).

Many women –and some attorneys, too! –often make the mistake of assuming that their divorce settlement agreement will fully protect their rights to their portion of a husband’s retirement account. This is usually not the case, and that’s why it’s critically important to use a properly prepared QDRO.

Apparently you belong to that group that make the mistaken belief that your divorce settlement will protect your rights.






The only question is whether this specific ira is subject to a qdro as not all are.

But since you have the answers, I’ll leave you with what I’ve posted and be done with this