QDRO (401K Information)
Once a Qualified Domestic Raltions Order has been signed by the court, the attorney usually sends a certified copy to his client. If he/she failed to send you a certified copy, you should apply for one yourself at the County Courthouse.
This order needs to be sent to the Employer of the spouse giving up a portion of his/her 401k funds. The Plan Administrator of the Employer then should send you Distribution paperwork that you will need to fill out: as to whether you want the funds rolled into your own 401k account, or if you would rather 'cash out' your portion awarded by the court.
I would make sure any paperwork that you send be mailed certified only to the Employer. If you know the company that manages the 401k held by your ex-spouse, I would suggest also contacting them to let them know that there is a QDRO pending against your husband's 401k. If you don't do this, and your husband cashes out, or transfers to a new job, it will only complicate your situation further.
I have been fighting for mine for six months now as my husbands' employer went through a bankruptcy, then a buyout. The Plan Administrator left the company and the court had to appoint another Plan Aministrator to sign my Distribution paperwork. I am still waiting for this guy to send my information to Minn. Life.
I hope this information is helpful to you. I am looking at this point for any information I can find on contempt action filings, or a statute of limitation on the time limit an employer has to process a court awarded 401k distribution in good faith. Good luck!!
