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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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I get 50% of my ex-husbands retirement, when can I collect

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I get 50% of my ex-husbands retirement, when can I collect it,t what age dose he have to be or what if he continues to work past 55. Can I take a cash out now. Im 51. Thanks Linda

Thank you for your question.


This depends on the particular retirement plan and its rules. In most cases, you can get the retirement funds immediately, but since you are below retirement age, you may have to pay penalties for early withdrawal. If you have a QDRO that is properly drafted, you may be able to avoid the penalty. You should bring your QDRO to your tax advisor for review. The money is also taxable to you in the year it is withdrawn, so you may want to speak to your tax advisor about the implications of withdrawing now.

Lady Themis and 7 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Can you draft this QDRO and if so what might it cost?

No, we cannot draft that for you - that would violate our rules here at Just Answer. You can find someone to draft the QDRO by googling "QDRO Experts" or by contacting the Michigan Bar for a referral. In my experience, the drafting costs about $500.00, but varies greatly depending on the expert preparing it and the retirement accounts involved.



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