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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The judge entered the divorcee decree husband and

Customer Question

The judge entered the divorcee decree for my husband and myself yesterday afternoon; even though, my attorney filed objections to entering the judgment. These objections relate to my ex-spouse transferring approximately $375,000 of my interest in his 401k
stocks to a stable value investment within his 401k without notice or consent. I became suspicious when my ex-spouse subtly mentioned he moved my interest of his 401k to a separate account. My attorney subpoenaed the statements from his 401k and discovered
he transferred my interest from stocks to a stable value investment within the 401k. Not only did my former husband cost me approximately $110,000 in gains over 20 months but he also kept approximately $15,000 of my gains at the time of the transfer. The transcript
from the settlement agreement is silent on who receives gains and losses from the 401k. Additionally, my ex-spouse and I agreed in the settlement agreement read into the Court record that I would receive a shared-interest approach for 50% of 36 years of marriage
as well as pre-survivor and post-survivor benefits; however, I had no idea I had another option other than a shared-interest approach, such as a separate-interest approach because my attorney during negotiations did not advise me on a separate-interest pension,
so I had no idea it existed. My new attorney will file a Motion for a Evidenciary Hearing the week after next when he returns from vacation to address the unconscionable settlement agreement where I received approximately $500,000 worth of assets but lost
approximately $400,000 worth of assets that should be rightfully mine. My question for you is: How do I protect my interest in my former spouse's 401k and defined pension plan while litigation continues on these outstanding issues with the 401k and defined
pension plan?
Submitted: 2 years ago.
Category: Family Law
Expert:  Maverick replied 2 years ago.
Have you already asked your attorney to impose a temporary restraining order on finances, which prohibit dissipating, selling, transferring, encumbering, or wasting of those assets during the pendency of those outstanding issues?
Customer: replied 2 years ago.
No I have not imposed a temporary restraining order on these assets. Should my attorney impose a temporary restraining order on these assets or can I pro per while he is on vacation?
Should my attorney and I submit a court-approved order for a QDRO even if these assets are still outstanding issues and they apply to the QDRO?