My question is in reference to a divorce that has already taken place. The QDRO states that I should automatically get a certain percentage of my husbands 401k plan upon retirement, however he previously elected to name another person a beneficiary on the 401k plan. That person has already obtained all the funds from the 401k. My question is legally a certain percentage was due me, however what recourse do I currently have based on the fact that the other part already obtained the funds because they were named beneficiary? Please advise because I am not sure which route I should take and what my options are. This is also very time sensitive so any and all help would be greatly appreciated.
Is your former spouse deceased, and is that how the third party received the funds as beneficiary? If so, then you should contact an attorney who specializes in estates to pursue your claim for the percentage of the 401(k) from the estate.