Doing it myself


#1

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

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

My husband and I have agreed to division of property (ie. home, alomony and 401K).

What form do I use to submit this to the courts for them to send me a signed document so I can submit it to my 401K company to divide the 401K.

How many days before I send the Complaint due I need to send this division of property form.

We will have lived seperatly for a year at the end of this month.

Thanks

Crystal Bonge