Legal Question in Family Law in Massachusetts

Quadro 403B

First thank you for any responses.

I was divorced Feb 13 2003. Theree has been a qudro going on that involves me receiving my former spouse's 403B account. To this day I have not received it. I get plenty of correspondence from my attorney indicating all the parties that are involved. I understand this takes time but it will be 3 years this coming Feb. Is this typical? Did the process get started late by my attorney. I have been after this for well over a year because i felt the time was taking way too long. Is this length of time normal? In this time the account has lost money and I have no control over it. Thanks again

Bob


Asked on 11/30/05, 12:59 pm

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Quadro 403B

A QDRO allocates a share of the 403(b) to the spouse as part of a divorce. You have to read the Plan itself to see if it allows disbursement, which can trigger tax consequences if not rolled over into a qualifying plan. You may just have the right to receive benefits when you retire and you have to ask for a rollover. This is not an area of expertise for me any longer, since I have to choose what to keep up on. You should check with your exwife's HR office to see if the separation has been completed. Some lawyers get confused and stop acting on QDROs, especially if they are not straightforward (like retirement for USPO personnel!) or they run into a different Plan that does not allow physical separation of assets.

Three years seems to me to be a bit much. You can also see your file in probate court to see what has been done, if anything. If nothing has been done, youj can complain to the MA Board of Bar Overseers or get another lawyer.

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Answered on 11/30/05, 5:17 pm


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