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Asked 12/20/2010

Divorce and splitting 401K

There is a court order for my ex to split the two 401k's which was supposed to be done in Oct. He keeps dragging his feet and now it's Dec and nothing is done. What are my options at this point. The order didn't state who was in charge of the quardos. He said it would cost 750 each but thats all he has done so far. Should I expect any additional fees. Are we splitting the amount that was in the account at the time of separation or is it the amount that exists currently in the account. What if there is more money in the 401K's now. Is there any danger that he can withdraw money and close this account. Can he deduct anything from my share for any reason?

 
 
 
 
 
Answers

Answer 1/3 - Submitted 12/20/2010

While this doesn't answer your question directly, I would let my lawyer handle this one so it gets done in a timely way. Good luck.

 
 

Answer 2/3 - Submitted 12/20/2010

If you can't afford a lawyer, talk to the county clerk and find out what you need to file to get this order enforced through the court. A filing fee is usually minimal. Attorneys are helpful and often necessary in a divorce, but some things you can do yourself. It looks good on you, and costs a lot less than dinging the lawyer for every detail.

 
 

Answer 3/3 - Submitted 12/20/2010

My lawyer said she isn't involved in settlement issues and is not returning my calls.

 
 
 
 
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