My stbx and I have been separated for over a year. We are trying to do an uncontested absolute divorce, we have a signed seperation agreement that we are not incorporating, we have two minor children and we have a QDRO draft in process with the plan administrator. We are filing in Durham.
Can you provide some guidance on the language to use in the divorce complaint to ask to have our QDRO entered to split one of his 401(k)s. We know the plan name, the exact amount to split, and the only other request for relief is to return to my maiden name. Or if this is not the process, how would we have the QDRO signed by a judge when the time comes?
Also, if the plan administrator does not provide an approved copy before our court date how do we get that entered? Or do we need to wait for that approved copy to file the complaint?
Thank you.
You will need to include a claim in the absolute divorce complaint for equitable distribution for the limited purpose of entering qualified domestic relations orders.
Then the divorce judgment will need to state that the claim for equitable distribution for the limited purpose of entering qualified domestic relations order is preserved for further hearing.
The QDRO can be entered at the same time as the divorce judgment. Or, with the preservation language above, the QDRO can be entered after the divorce judgment is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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