Legal Question in Family Law in California
Qualified Domestic Relations Order
My husband has a 401K, I got a letter from the lady that handles the 401K. She said, I have to fill out a form called Qualified Domestic Relations Order. I don't have a clue how to get one of those. I don't have a lawyer, I can't afford one. I need to find out where to get one and figure out how to fill it out. I've been married for almost 5 years, I think I'm entitled to some of the money that's in there. Please help me. Thank you.
1 Answer from Attorneys
Re: Qualified Domestic Relations Order
Your husband (ex husband?)'s company may have a "model QDRO" they can send you, or a set of guidelines for drafting the Qualified Domestic Relations Order. If so, you could use their draft to insert your own information (case number, address & phone number, etc). If not, you'll probably need an attorney, as these are tricky. Perhaps and see if a reputable document preparation service has the ability to assist you? Your share of the 401k could be substantial. Do not fail to do the QDRO because you don't have a few hundred dollars to spend on getting the proper documents prepared. (!)
When you get the 401k money, if you withdraw it, you'll have to pay tax plus a 10% penalty unless you put it into an IRA or another 401K account within 60 (30?) days. Be careful about this, unless you want to get stuck with the tax and penalties! Talk to your bank or other financial advisor about opening an IRA before you finish the QDRO paperwork.
Good luck!