Legal Question in Family Law in Maine
IRA Rollover
During my divorse an interim order was signed by the judge freezing my husbands IRA. 2 1/2 years later I found out that Fidelity had never been notified of the order and the IRA was never frozen. In the meantime my husband changed the beneficiaries to kids and took out 7,000 dollers. Who was responsible for notifying Fidelity and do we have legal recourse to get the beneficiaries changed back to me and the 7,000 back into the IRA?
1 Answer from Attorneys
Re: IRA Rollover
It depends on what has happened since. You indicate that the "freeze order" was an interim order. What did the final order provide would happen to that IRA? If it set the IRA aside to your ex, then he could do whatever he wanted with it. If he was supposed to transfer a portion to you, then, unless the judgment said otherwise, the remainder was his to do with as he saw fit. If the entire IRA was supposed to be transferred to you, then he is in violation of the judgment.
Please note that the interim order is, in and of itself, a valid order of the court and it can be enforced by a contempt mechanism. However, it is likely that you final divorce judgment supercedes the interim order and it would be the controlling order of the court.
I would be happy to go over the final judgment with you if have any questions.
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