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Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My husband divorced in 2003. We married in 2003. My husband

Customer Question

My husband divorced in 2003. We married in 2003. My husband had a large 401k ex wife would not settle properties so in 2007 he left the company which he and company was putting in till 2007 . He rolled into a IRA with a bank he also started collecting from it 2years ago. Now the ex wife wants her share plus monies made. But there is no QDRO .my question is can she still get it being I I'm vest in it know and listed ss?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
If there is no qualified domestic relations order relative to the issue and he rolled this eight years ago - twelve years after the divorce, it is hard to imagine any court being willing to provide her with any assets out of the 401k. Moreover, the fact that you are vested in it and listed as SS even makes it more unlikely. While there is no real statute of limitations to force the existence of a QDRO, there is a general legal precept of reasonableness. I think it would be extremely unreasonable, at this point, for her to even file a petition to implement a QDRO or for her to attempt to draw off "her share plus money accrued". This is something she would have likely been entitled to had she been diligent at the time of the divorce. In short, while a court could in theory make an award of money out of the IRA to her, that is extremely unlikely given the amount of time which has transpired since the divorce and since she last attempted to make a collection from the account. Worst case scenario, she would only be allowed to draw off of the amount that existed in 2003 at the time of the divorce. However, that scenario is extremely unlikely. Let me know if you have any other questions. Please also rate may answer positively as well. Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible. Thanks!
Customer: replied 1 year ago.
Thank you for your answer now I hope his lawyer sees it that way
Customer: replied 1 year ago.
This is in the state of Louisiana any differents
Expert:  Delta-Lawyer replied 1 year ago.
First, let me apologize for my incredibly late response. I have been away from the computer since the beginning of the month. I am sorry and strive to timely answer all questions as soon as possible. The answer does not change relative to Louisiana. While Louisiana is different in some respects from other states utilizing the Civil Code, this is an area in which they do not differ. As a matter of fact, the civil code structure in Louisiana is a superior form of governance in my humble opinion. It makes things much cleaner. Let me know if you have any other questions or comments. Thank You!

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