Legal Question in Family Law in South Carolina
divorce and 401k
the ex has not taken her part of her 401k nor flagged to be taken ,it has been over a year since the divorce. is there a time limit for her to take action?
1 Answer from Attorneys
Re: divorce and 401k
If there was no specific time period included, then there is a "reasonableness" presumption included. If you're asking if she waives it by not acting within a reasonable time, the answer is "probably not." However, you can certainly push the issue in one of several ways, including filing a contempt action against her for not having the QDRO prepared, etc.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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