Legal Question in Family Law in New York
i have recently hired an attorney to handle my divorce.... the divorce is final, do i have to pay additionally to have my exhusbands 401 k transfered to my account... is there a legal form i can submit myself... and is this not included in settlement?
1 Answer from Attorneys
If the divorce is final, it should have included a Qualified Domestic Relations Order (QDRO) for the judge to sign, which is the document by which the 401k plan operator is told how the account is to be divided. QDROs are reasonably technical documents, and have to be drafted to meet the requirements both of the court and the plan involved.
Some attorneys charge up to $2500 to draft, submit and file a QDRO. In my view that's usually too much - depending upon the plan. Some plans make it quite difficult, with others it's a very easy process.