Greetings. Patience is a virtue, they say. If you post again to try to get a response, you actually put yourself back at the end of the line of people I respond to, as I ALWAYS respond to the oldest posts first.
Now, to your question:
A claim for equitable distribution must be filed prior to the date of divorce. If you file this claim, then in the divorce complaint, you must ask for the judge to preserve your claim for equitable distribution for the entry of the QDRO. This same language must also be included in the divorce judgment. Thank you.
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
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.
I have received approval for a draft qdro for my ex’s 401k. I would like to utilize the do-it-yourself divorce process, but I am unclear about where and how the qdro is handled at this point. Can you provide some insight?