Changing Separation Agreement/ ED


#1

I filled out a separation agreement in February 2010 dividing assets. My ex and I signed it in front of a notary. The agreement that, as written right now, entitles her to a large percentage of my 401(k). At this point I don’t think that she deserves as much as is written in the agreement and would like to reduce the amount by $5000, leaving her with around $2000. She is refusing to make this change and has gone ahead in writing up the qualified domestic relations order. Will the agreement be enough for her to get a qualified domestic relations order signed by the judge or can I contest it?

Can I just refuse to sign anything related to the disbursement of the 401(k) funds until our divorce is final in June? Will the agreement be void once the divorce is final?


#2

Yes, the SA is final and binding, even if you refuse to sign the QDRO the judge can enter the same as an order of the court and the funds will be distributed to her. The divorce does not void the agreement.