You will need a Qualified Domestic Relations Order to divide your account. This is a court order that is drafted based on the specific rules of the plan that manages the 401(k) asset. It is much more complicated than a simple form. You can request a copy of his “Summary Plan Description,” generally they have a draft order. I would strongly advise you to consult with an attorney to make sure this is done correctly.
You will need to make sure you file an action for Equitable Distribution before the divorce is final so that you can enter the Qualified Domestic Relations Order at a later time.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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