In our finally signed and executed separation agreement the specific language stated that my retirement 401k would be distributed with a $ amount stated plus or minus passive gains and losses as of the date of the execution of this agreement.
The question since this clearly states as of the “date of this agreement” doesn’t that mean as of that date, not as of the date the QDRO is done?
My attorney is saying oh no, it’s whenever the QDRO is done and she is on my side! And of course, due to market fluctuations that’s another 5 digit bite in the butt.
Please just chime in with what would be normal: what is actually written or what is just “normally” done?
Thanks… 3.8 years and counting still trying to finish…
Typically there is a valuation date for the 401(k) (date of separation or date of execution of the separation agreement) or a specific amount of retirement assets stated, and the passive market gains/losses are calculated from the valuation date to the date the money is transferred from one spouse to another.
It sounds like your agreement is written so that there is a specific amount of retirement assets and the passive gains/losses are to be calculated as of the date the separation agreement was signed. That is not typical and I’m not certain whether or not the plan administrator could calculate that.
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.