401k

[devilleather]

What is the name of your state (only U.S. law)? Indiana

After waiting 2 years since leaving my last job it's time for me to receive my retirement for rollover. I've been divorced for 3 years. In divorce court the judge asked both her and I if we had any interest in the others retirement, we both agreed we did not. Not saying she would but is there any way she would be able to get any of it? Are there any hoops I'll have to jump through, will she have to sign off on anything before I can get it, should I get a lawyer? Any info is greatly appreciated! Thanks

 

[cbg]

If there was no QDRO done at the time of the divorce settlement, that ship has sailed. She's out of luck if she wants any of your retirement plan, and you're out of luck if you want any of hers.

 

[davew128]

If there was no QDRO done at the time of the divorce settlement, that ship has sailed. She's out of luck if she wants any of your retirement plan, and you're out of luck if you want any of hers.

Well at least while OP is living. After death its a safe bet she's the named beneficiary on the plan document.

 

[cbg]

Not necessarily. Once they are no longer married there is no legal requirement that she be the named beneficiary, and if there's no QDRO, he can change the beneficiary any time he wants.

 

[davew128]

Not necessarily. Once they are no longer married there is no legal requirement that she be the named beneficiary, and if there's no QDRO, he can change the beneficiary any time he wants.

Note the bolded portion and the inherent problem it has. It doesn't change on it's own by virtue of divorce as many subsequent spouses have discovered upon the death of the person they married.

 

[cbg]

True enough. Saw that happen just a couple of months ago, in fact.

However, hopefully he'll pick up the hint if he's still reading the thread he created.