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.