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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29033
Experience:  Attorney with experience in family law.
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I am already divorced, all properties have been settled,

Customer Question

i am already divorced, all properties have been settled, except for retirement funds, what should i do to proceed in getting my share of retirement.
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

The way to get your portion of retirement funds pursuant to divorce decree is to complete and file a Qualified Domestic Relations Order ("QDRO", pronounced "quaddro"). Both spouses sign the order. If your former spouse refuses, you can file a Motion to Compel and the judge will make him do it. Once it's signed, send it to the company holding the funds. If the money is in an employer-held fund, they sometimes have their own forms they want you to use (especially if your spouse works for the federal, state, or local government).

A local attorney could also draft a QDRO for you. Otherwise, here is are instructions:

https://www.dol.gov/ebsa/publications/qdros.html

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Expert:  Lucy, Esq. replied 10 months ago.

Did you need any more help with this?