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My divorce was finalized in May of 2017. My x-husband is…

Customer Question
My divorce was finalized...

My divorce was finalized in May of 2017. My x-husband is entitle to half of my 401k. Settlement agreements states he is to hire an attorney to complete a Quadro. He has not yet done so and I am just wondering if there is a specific period of time this needs to be done or can he do it when ever he feels like it with limitations on time?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New York State

Lawyer's Assistant: Has anything been filed or reported?

With the overall divorce or just that piece?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that thank you. the divorce is completed and filed but the decree states that my 401k needs to be split with him. neither my attorney nor his mediator handled Quadros so my ex-spouse was to hire an attorney to complete this and he has not done so yet. im hoping there is a statutory limit.

Submitted: 1 month ago.Category: Family Law
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Answered in 1 minute by:
12/29/2017
Family Lawyer: LegalGems, Lawyer replied 1 month ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,870
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 1 month ago
No just that thank you
Family Lawyer: LegalGems, Lawyer replied 1 month ago

If the court order does not state a time frame the party wishing for the QDRO to be completed would need to file a motion to compel so that the court may set a specific date; then if that date passes with no action, the party can bring a motion for contempt which allows the court to sanction the party (ie daily fine, award of attorney fees and court costs, etc).

The impetus is on the nonworking spouse to obtain a QDRO because if the working spouse retires, the administrator will make disbursements only to the working spouse.

Just by ordering a qdro, or even a percentage rate for the parties, that does not have the legal effect of allowing the administrator to make disbursements to the nonemployed spouse.

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Customer reply replied 1 month ago
I do not want to call and I do not want to pay $59
Family Lawyer: LegalGems, Lawyer replied 1 month ago

That is an autogenerated call and I don't participate in that service; so if you have any follow up questions please post here. Thanks!

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Customer reply replied 1 month ago
just to confirm since the court did not set a time frame and we are both working and not near retirement age he can take as long as wants to start this process?
Family Lawyer: LegalGems, Lawyer replied 1 month ago

Yes, unless a party files a motion to compel since the order did not state a specific time.

But most attorneys would encourage the nonemployed spouse (the one not employed by the 401K) to finalize the QDRO ASAP so they don't lose any benefits should the other party retire early.

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Family Lawyer: LegalGems, Lawyer replied 1 month ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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