Legal Question in Family Law in New Jersey

Re: 401k

Your divorce attorney should have that information in his/her file since that would have been part of the disocovery process back then. However, your former husband may have since changed accounts or moved money around, or even closed out some of the accounts. The best thing to do would be to file a motion with the Court to enforce your rights under the divorce judgment and have the Court compel him to provide you witht the needed information. Then Qualified Domestic Relations Orders ("QDROs") will need to be prepared in order to have the accounts divided.

Re: 401k

Hi,

Based on the statement above, you are entitled to have this information. Make sure you have copies of all your requests. If you cannot produce a paper trail, I would create one by sending the request certified mail, and regular mail. Keep good records of your request(s).

Next, in order to obtain one half of the 401K, you need to file a Qualified Domestic Relations Order. This Order is commonly called a QDRO. It is filed with the 401K administrator. If he will not tell you where the funds are held, you will have to file a post judgment motion to enforce the divorce judgment. If he hasn't complied, and you are successful, you will probably be awarded counsel fees and costs.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: 401k

Your judgment of divorce should have provided for when your share of the 401K plan would be distributed to you. If your former spouse will not voluntarily give you your share now you must file a motion for an Order requiring that the 4021K provider divide the 401K into two accounts with your share in one account.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: 401k

You will need to go to court to enforce this. you should have a lawyer look at the divorce judgment for you.

If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.