Legal Question in Family Law in Virginia

I am trying to find a lawyer to help me on a QDRO. MY wife and I got a divorce on Feb 11,2014 and now I have to do a QDRO. I got the model from the company and my Ex wife as the 401k at. The question that I have is that when we did the PSA Agreement. She was saying that she has a 403(b) that has about 10,000.00 in there and I sais that she had two account with them. So if there was Two account then we would divide it up at a 60/40. I would take 60 and she will have 40. When I was trying to get the information I have found out that where she had her retirement account they no longer have it and it went to another company and they said it now one account. I have called the place here my ex wife work and they said the same thing. it was two account but when they switch company it went into one account. So my question would be that it on account do I get the 80% that was agree on at first or do I still do the 60/40 that I was saying that it was two accounts, I have the paper work and I would like to have a lawyer look over this with me so I now what I am doing on this matter and I don't want to wait to long to do this or I will not get anything.


Asked on 3/11/14, 9:44 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If your wife's two retirement accounts have now been combined into one, you should be entitled to claim the same percentage share of her retirement as is specified in the PSA and which should yield the same monetary amount that you would/ve otherwise received had these accounts remained as two rather than now combined as one.

And, no, I don't see how you now get 80% merely because the two accounts have now been combined into one.

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Answered on 3/11/14, 8:50 pm


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