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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7415
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: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.

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

Customer: replied 5 months ago.
It was in the divorce decree but noQDRO was issued
Expert:  LegalGems replied 5 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:

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

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 5 months ago.

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

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