Legal Question in Family Law in Kentucky

How do I get half of my ex husband's retirement plan that I have divorce papers stating I'm entitled to half of?


Asked on 3/18/12, 9:55 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

What should have occurred is that concurrent with the divorce decree being entered or close in time to that, your attorney needed to draw up a Qualified Domestic Relations Order (QDRO) which would need to comply with the retirement companies requirements and various laws. This would be signed by the judge and submitted to the retirement account manager. The funds would either be segregated into an account for you to continue to grow (or shrink as the economy fluctuates) OR, the order could allow you to withdraw the funds free of additional tax penalties.

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Answered on 3/19/12, 5:38 am


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