divorce judgements

[nextwife]

but that's a different issue isn't it- the judge already determined there was money, and she was entitled to half of it.....

Depends upon the exact language. Example: was she awarded half the 401K? If so, half of zero is still zero.

 

[nextwife]

maybe I just don't have a good grasp of retirement plans, my company contributes and it's mine immediately....

This also true., for the company I am working for NOW. But that was NOT true of the company I was working for a decade or so ago. It took, I think, five years to be fully vested.

How long have you been in the workforce? I have been since the 70's and many things are different now.

 

[Zephyr]

This also true., for the company I am working for NOW. But that was NOT true of the company I was working for a decade or so ago. It took, I think, five years to be fully vested.

How long have you been in the workforce? I have been since the 70's and many things are different now.

just since the early nineties..that's why I was wondering if there was a big part of the picture I was missing .

 

[faithnlve]

If there was a QDRO it would have been set up to pay you at retirement age your portion of the 401k. You need to find out if there is a QDRO -- a Qualified Domestic Relations Order.

There was a QDRO. He worked at the company from 1993-1997. He was matched by a percentage of what he put in. But, since 1996 I have received nothing. Since the order is so long ago, so I am perplexed how this is suppose to work. I wait until retirement to get the money from the divorce?

 

[nextwife]

You wait for retirement to get your retirement money! Just as he does. If the company DOES have money for you in a retirement plan, withdrawing it early will result in you paying tax penalties. You can't just take YOUR retirement money out of your employer's retirement plan without tax consequences, why would you expect to be able to with your retirement funds from his side?

A rollover MIGHT be do-able - you need to CONTACT the company.

 

[faithnlve]

I did contact the company and they said he no longer has a 401k with them since 1996, so i dont know what my ex did.

 

[nextwife]

As you have a QDRO, did you INQUIRE from them whether there were funds transferred out or there was never vesting?

 

[faithnlve]

they told me they were not and would not even with a court order give me any information. Even with a court order. Privacy issues they said. So how do I go about it now? Faith

 

[Ohiogal]

but that's a different issue isn't it- the judge already determined there was money, and she was entitled to half of it.....

Actually probably not. What the judge determined was that there was a 401k and that she was entitled to a portion of it. However if the money was not vested and he changed jobs resulting in zero being in a 401k then there was nothing really there. If he pulled it out and spent it that is a different story but she would have to prove that that is what happened.

 

[Ohiogal]

they told me they were not and would not even with a court order give me any information. Even with a court order. Privacy issues they said. So how do I go about it now? Faith

If there is a QDRO that guaranteed you funds and suddenly there are no funds because they let him move it, you march back into court and name your husband AND the employer (if that is the party mentioned on the QDRO as being responsible for the 401k funds) as parties in a contempt action.

 

[faithnlve]

after all this advice, I decided to call my divorce attny from 10 years ago. She said she would pull my file, and would help me with it. And she also told me that it was not too late, and the company will be liable to pull up records of his 401k and report what was in his 401k and profit sharing from the time we were married until seperated. Then we go from there i guess. Faith

 

[faithnlve]

heres a question: What if he rolled over my share, would I get whatever my shared earned in the last 10 years? Faith

 

[Zephyr]

heres a question: What if he rolled over my share, would I get whatever my shared earned in the last 10 years? Faith

I would certainly ask for it.....

 

[SAAY]

Money Owed From Divorce

IF MONEY OWED FROM DIVORCE DECREE IS ENFORCEABLE
GO TO FAMILY COURT AND DO OSC TO BRING BACK THE ORDER AND GET YOUR
DOCUMENTS TO PROVE WHAT 401K BEFORE DIVORCE WAS IN ACCOUNT AND HIS DISCLOUSURE OF ASSETS AT DIVORCE, TEHN BACK OSC ORDER FOR YOUR MONIES OWED
ANY SPOUSAL SUPPORT ORDERS ARE ENFORCEABLE, PENSION ORDERS, RETIREMENT ORDERS, SO WHY HAVE YOU NOT DONE THIS?