Legal Question in Family Law in South Carolina
financial-quadro
this divorce has been dragging on for 3 years. sep. 2005 / hus. att. asked did i want him to file the papers for a cash-out on the quadro in 2005. my attorney did not inform me of this(he is no longer my att.) can i get the quadro settled before the finalization of the divorce, because i have no att. due to financial problems and my ''hus''
doesn't seem to be taking the initiative to get this settled? is there a statute or penalty for the quadro even though it is addressed the the court orders and att. correspondence?
1 Answer from Attorneys
Re: financial-quadro
In order for a QDRO to be issued, there must be some final allocation of that particular asset (the retirement funds). Generally, that cannot be done until there has been a final hearing.
However, it may be possible to ask the Court to bifurcate that issue and issue a final order with regard only to the retirement account, which might enable the retirement plan administrator to recognize a QDRO.
There are a lot of unknown facts here which make it impossible to answer your question with 100% accuracy at this time. One of the big unknowns is what hte terms of the retirement plan require in order for a distribution to occur.
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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