I have an equitable distribution order from 2001. I was awarded 1/2 of my ex spouse’s 401K. I asked my lawyer to file the QDRO immediately but he did not. Fast forward to 2018 and I asked my ex about the 401K. He says that it had already been divided. He never provided documentation. Now (today, 1/12/2020) he finally tells me that he cashed it out in 2013. It was microsoft stock and it closed this past Friday at $161/share. He sold when the stock was about $37/share. And he is saying he will give me half of the proceeds, minus the taxes and penalty. What is my recourse?
Ex spouse cashed out 401K before QDRO and at a bad time
You likely have no recourse to enforce a judgment from 19 years ago. The statute of limitations for court orders is 10 years.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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