We signed a SA over a year ago and divorce was final Dec 20th 2016.
Her lawyer, according to the SA, is supposed to initiate the QDRO to split the 401k but is not doing it.
My lawyer has sent emails to her lawyer every week for months asking why it has not been completed but he is not getting a response.
What can I do?
You may try talking with your ex-wife directly about the delay.
Otherwise, your ex-wife may be in breach of contract for not following through with all the terms of the separation agreement. If so, you would be able to file a breach of contract lawsuit against your ex-wife. You or your lawyer could threaten a breach of contract lawsuit first before actually filing it.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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