Legal Question in Family Law in Texas
How to obtain spouses 401k once the divorce is final
My divorce was final in July '05. I moved to Nashville prior to the divorce being finalized. I was granted 1/2 of my ex-husbands 401k and stocks. I have no way of reaching him nor do i even know if he's still in Texas. All i know is he no longer works for the company who's holding the 401k. I contacted his attorney and they would tell me nothing. I didnt have an attorney. I need to fly to Texas and get my half of the money owed to me per the decree. What do i need to do to get this taken care of? I want to Fly to Texas, the money to be prepared and ready for me, so i can get it and leave. Who do i contact? Do i have to contact my ex-husband? noone knows where he is. I tried to contact the county clerks office and they wouldnt tell me anything either. Do i really have to get an attorney with money i dont have to get money that has already been granted to me?
We resided in Williamson Co. (Austin area).
Desperately seeking answers.
2 Answers from Attorneys
Re: How to obtain spouses 401k once the divorce is final
I have not seen your divorce decree but you normally need another document signed by the Judge ordering the company to give you what you were awarded in the decree. The form is usually known as a QDRO.
I'd start with a certified copy of the Final Decree of Divorce. Then contact your ex's former employer. Ask them what they need from you.
His attorney is NOT under any obligation to assist you.
There are companies that only write QDRO's.
You can probably find them on the internet.
Of course, as the other attorney mentioned, he might have already closed the account. If so, then you will need to retain an attorney to file contempt on your ex-spouse.
Re: How to obtain spouses 401k once the divorce is final
Getting your X's money from the 401K is a matter of legal technique and procedure. I'm not sure that the money is still there. He could have withdrawn the money when he skipped. If you don't know how to get your money, then hiring a lawyer would be an economical expense.
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