Legal Question in Family Law in Maryland

Hi, My question is that my husband and I are getting a divorce, we have been seperarted for 15months now. We are having a friendly divorce, we would like to know what form would we need to get to split his 401k and real estate property that we are selling and are going to split the proceeds of that and spliting half of his retirement. We need a form to fill out stating that we are both in agreement with all of this.

Thank you

Robin


Asked on 1/25/10, 6:44 am

1 Answer from Attorneys
Jeffrey Schultz Law Offices of Jeffrey B. Schultz

You need a separation agreement setting forth all of the terms of your agreement reduced to writing, signed and witnessed by each of you with witnesses for each signature. You also do not specify if his retirement includes other items beyond his 401k, such as a pension or deferred compensation account. The separation agreement should be filed with the divorce, and incorporated but not merged into the divorce decree. You will need a Qualified Domestic Relations Order (QDRO) for each item like a 401k or component of his retirement. The QDRO is normally drafted by an attorney after being approved by the administrator of the plan benefit.

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Answered on 1/30/10, 6:59 am


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