Legal Question in Family Law in California
how do I claim my share of 401k?
I have been divorced for a year now and need to separate the court awarded half of the retirement to my name.Can I do this myself? My attorney wants to charge me above what he has already been paid. The account is with his employers company.
2 Answers from Attorneys
Re: how do I claim my share of 401k?
If you want to divide the account using a QDRO (qualified domestic relations order) it is always extra money. Doing it yourself is possible but not advisable. Even some attorneys don't want to do them. Avoid this extra expense by taking some other asset to balance the books or taking a loan against the 401K to cash you out.
Re: how do I claim my share of 401k?
You would need to have a QDRO (qualified domestic relations order) done. You may do this yourself, but you probably should look into retaining an attorney to avoid delays. For prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation.
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