Legal Question in Family Law in Kentucky
Court ordered 1/2 of 401K
My ex-husband was ordered to give me 1/2 of his 401K, he says its not his responsibility to pay me, that if I wanted it, it was my responsibility to get it. Who is responsible to see that I'm paid?
2 Answers from Attorneys
Re: Court ordered 1/2 of 401K
You both are. That doesn't mean you need to agree on anything, but he will have to furnish certain information to you or your attorney to get this settled.
This requires what is known as a Qualified Domestic Relations Order ( or a QDRO, pronounced "kew-dro") and--trust me-- you will need the assistance of an attorney.
Talk to your divorce attorney about this.
Re: Court ordered 1/2 of 401K
If it does not say or mention in any court order, then ultimately you will need to have an attorney draft a qualified domestic relations order to get your portion of the 401k. You need the assistance of an attorney to accomplish this, especially if some time has lapsed since the order requiring division of the 401k or your ex has withdrawn any monies from the 401k.
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