It is too late to file a claim for alimony after the divorce judgment is signed by a Judge. The 401(k) plan is divided by the judge in a court order (or by the parties in a separation agreement) and then the parties’ attorney must draft a QDRO (qualified domestic relations order), and get this qualified with the retirement plan prior to entry. You must also ensure that the court reserves the right to enter a QDRO in the divorce judgment and that an equitable distribution claim for the entry of a QDRO is filed prior to the date of the divorce judgment.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.