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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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hi, how much time I have to file my 401k since our divorce

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hi, how much time I have to file my 401k since our divorce was completely done on January 17 2012 ? my husband has been working for oil comp. for 16 years , and he was the person who filed the divorce!We have been staying in Louisiana for 33 yrs .

Thank you for choosing Just answer. I need a little more information..

 

-Could you explain your situation a little more?
What do you mean by file your 401K ?

 

Thank You.

Customer: replied 4 years ago.
I would like to know my portion of my 401k ( it's my ex - husband's ) after my divorce is finally done ,and we have been married for 28 yrs . my attorney never filed these requests as we were at the court .and my concern is if i have certain time to claim my 401k benefit .

Your 401K amount should have been determined as part of the discovery process in your divorce proceeding. In most cases the court requires a financial affidavit from both parties identifying all the financial assets including the 401Ks your husband has.

 

I don't know what state you are but in, but typically you could expect 50% of the value of your husband's 401K accumulated during the 28 years you were married. This may be a bargaining point for trading off other assets you want, or getting the spousal support you want. Your attorney or you husband's attorney will need to get a Qualified Domestic Relations Order signed by the judge to submit to your husband's employer. This is done when the divorce is final. You should expect this to be within weeks of your divorce being complete.

 

You should ask your attorney if he received the valuation of your husband's retirement account. You also make your attorney understands a 401K exists and you are expecting a portion of it. From the valuation you get an idea of what your entitlement could be.

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

Customer: replied 4 years ago.

thank you very much for these informations .

Please press the rating button so I can get credit.

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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