401K distribution


#1

Dear grayml:

Greetings. First, do you have a separation agreement or an action for equitable distribution filed?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

Yes, but it is one that she wrote up, we were trying to save legal fees which was a big mistake. It doesn’t specify when we were to divide the 401K up.

Mark Gray


#3

Dear grayml:

Greetings. Without seeing the document, there is no way for me to tell you. You can contact our office for a review of the document and an answer. You would have to pay the initial consultation fee, but you should have your answer at that time. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

Greetings,
My wife and I separated in Jan. 2000 and in Feb. 2003 she demanded that I close out my 401K with my former employer and give her one half of the value. I wanted to let it grow until retirement.
The 401K had lost 90% of it’s value by the time I closed it due to the company having bad business conditions. Now she is taking me to court to get half of the value that existed in Jan. 2000 as she is dissatisified with her payout.

Would she get half of the value that it was in Jan. 2000 or half of the value when she insisted I close it out?

We have finally divorced a month ago after a 5 year separation.

Thank you for your time.

Mark Gray