My husband and I had an amicable divorce, no minor children, and agreed between ourselves to split all of our assets 50/50. I filed for the divorce using the divorce packet, (no lawyers), and all went well. The divorce was final in Nov. 2019. A problem is arising now as we are attempting to split our retirement accounts 50/50. Fidelity is saying that they need a QDRO or Separation Agreement in order to split our accounts. We did not file a QDRO or Separation Agreement at the time of our divorce. I thought that since we agreed and that NC is a 50/50 state, we were fine. Is there a document that can be filed after the divorce is final in order to split our retirement accounts? We did not have a problem splitting our bank accounts or the proceeds from the sale of our home, just the retirement account. Thanks!
A QDRO or other domestic relations court order is needed to transfer retirement accounts incident to a divorce. However, once the absolute divorce judgment is entered, NC courts no longer have jurisdiction over equitable distribution (division of marital property) issues.
Unless a claim for equitable distribution was filed and pending at the time the absolute divorce judgment was entered, you will be unable to obtain a QDRO or other domestic relations court order to divide the retirement accounts tax-free.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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