401K and alimony


#1

Dear Ron:

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
RosenDivorcecom
919-787-6668

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.


#2

Is it correct to assume that in an uncontested divorce, the judge will never order an Alimony?


#3

Dear javaking66:

Yes, that is correct.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#4

At what point is it too late to file for alimony? And how is a 401K plan divided?