I have an equitable distribution order which includes the 401K that needs to be separated. I have the statement from when the order was given. It has been 20 years since the order and I want to file for a QDRO. My ex husband moved the 401K about 5 years ago and I cannot find any information on the account. Should I just file the QDRO and let the courts find the account?
You will need to locate the account before the QDRO can be drafted (each financial plan has particular requirements for their QDROs).
Since you have an equitable distribution order requiring that a 401(k) be divided, your ex-husband will need to provide the location of the account to you. Then the QDRO can be drafted.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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