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?
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
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.