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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9324
Experience:  Experienced Family Law Attorney
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I was divorced in2012 in the agreement he was to give me

Customer Question

I was divorced in2012 in the agreement he was to give me half his yjrigt savings and half of his monthly retirement. He is now retiring. How or what do I do to assure that he does what he agreed to. I live in Pana Il and he lives in Glenville Wv which is where our divorce took place.
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

This was set forth in the divorce decree under property distribution? Also was a QDRO issued (qualified Domestic Relations Order)?

Customer: replied 10 months ago.
It was in the divorce decree but noQDRO was issued
Expert:  LegalGems replied 10 months ago.

Thank you;

for the savings account, if that has not yet been distributed according to the terms of the decree, one would need to send a formal written request to the former spouse, and request distribution by x date (usually 5-10 business days from the date of the request). Failing that, the person would need to petition the court for either

1. a motion to hold the person in contempt; contempt is the willful and knowing violation of a court order; the court can award sanctions (fines, attorney fees, even jail time) to force compliance with a court order. This requires the order to be clear though, so if there was no date by which to comply in the original decree, step #2 would be the process:

2. motion to compel distribution in accordance with the divorce decree- basically getting a court order specifying a specific date, then if the party fails to comply proceeding with # ***** above.

For the retirement, the administrator cannot make any distributions until they receive a QDRO; this is a court signed order directing the plan to make distributions according to the terms of the divorce decree; normally it is done simultaneous to the divorce; if it was not done then, it is important to file a request for a QDRO or the retirement will not be properly distributed.

Information is on QDRO here:

It is best to hire an attorney to prepare the QDRO because they need to work in conjunction with the administrator to ensure the QDRO complies with the plan's requirements;

time is of the essence when retirement is imminent.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 10 months ago.

Checking in on the above. Thank you for using Just Answer!