Welcome! | Ask A Question

 
 
 
 
Question

Asked 3/6/2011

Final Divorce Order: I get 1/2 (cashout) of his 401K as of 8/10 but he stopped contributing w/o my knowledge in 3/10

Can I send our divorce decree with a Principle Co. Form I downloaded from his 401K site for the plan administrator, to get my half as a lump sum? I did not know he stopped putting into it. He said he did it so I wouldn't take all his money. Isnt this illegal?

 
 
 
 
 
Answers

Answer 1/3 - Submitted 3/6/2011

I'm not a lawyer but I would say that yes that is legal. There is no law that states you have to put money into a 401k, it's just a benefit of working for some companies whether or not you take advantage of that benefit is up to the worker. So since he probably saw this coming he decided to stop putting money into the account. Wouldn't you do the same. So you get half of the value on 8/10 does it say anywhere in there that he has to keep contributing? I imagine it just says you get half the value on that date. If so then that's what it is half the value on that date I sincerely doubt the court would make him continue contributing to the 401k or to give you the difference. Good Luck.

 
 

Answer 2/3 - Submitted 3/6/2011

But cCan I send our divorce decree with a Principle Co. Form I downloaded from his 401K site for the plan administrator, to get my half as a lump sum...
would this be considered the QUADRO?

 
 

Answer 3/3 - Submitted 3/6/2011

You or your lawyer should immediately file the relevant papers with the plan administrator so your ex can't withdraw all the funds and put them beyond your reach.

As to the contributions you feel he should have made between 3/10 and 8/10, I guess the first thing to do is calculate what you think those contributions are worth, figure out what your share would be, and then compare that with the cost, in terms of lawyers and court costs (if any) to get your ex to make those contributions retroactively.

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
Does my loan repayment on 401k the same as contributing to my 401

I stopped contributing to my 401k because im paying back on a 401k loan thinking that paying back to myself is the same as contributing is that right

See Answers

 
My ex has withdrawn from the 401k

I was awarded half of my ex's 401k in the divorce decree which stated a dollar amount. now she's dragging her feet and i've heard she's made withdraws. i got the qdro form to sign from her attorney and they are using the final divorce date and not specifying the amount. her withdraws...

See Answers

 
If i cashout my 401k in a year that i don't expect to owe taxes (even including this small cashout), would that minimize my ...

If i cashout my 401k in a year that i don't expect to owe taxes (even if my income included this small cashout), would that minimize my tax liability?

See Answers

 
Related Questions

Does my loan repayment on 401k the same as contributing to my 401


I stopped contributing to my 401k because im paying back on a 401k loan thinking that paying...

 

My ex has withdrawn from the 401k


I was awarded half of my ex's 401k in the divorce decree which stated a dollar amount....

 

If i cashout my 401k in a year that i don't expect to owe taxes (even including this small cashout), would that minimize my ...


If i cashout my 401k in a year that i don't expect to owe taxes (even if my income included...

 

401k what should i do?


Hi, i'm new into investments and have no clue to where or what i should do. i'm losing...

 

I am 70 1/2 - non owner - must i begin taking distributions now even though i am still working and contributing to my 401k?


Age 70 1/2 - still working - still contributing to my 401k - i do not own any part of the...

 

401k


If we do divorce, and i'm awarded 1/2 of his 401k, when does he have to give it to me?...

 
 

See more 401k questions

 
 
 
 
 

Ask A Question

Ask a new question about
401k: