My property settlment, signed in July 2010 states that my ex is entitled to file for a QDRO for half of the total on date of seperation of my 401(k). On March 25, 2011 she filed a suit that requested the courts enter a QDRO. I filed a response in the next few days iondictaing that I stipulated to every point. She and her attorney delayed the divorce process for 3-4 months becasue they indicated that they wanted the QDRO to go through and the property split. I went as far as calling Prudential and obtain the proper filing procedures and addresses, which I supplied to her attorney. The final divorce went through in Sept. 2011. I continued to check my balance on the website and no monies were removed from my account. Calls to Prudential indicated that they had not recieved any paperwork.

My retirement is coming in about 15 months. At that time I need to make decisions regarding whther to roll my 401(k) into another account, rolling it into my retirment, or keep it where it is. I asked this forum if there was some way to get her attorney to have the order executed. The advice I was given was to contact her attorney and inquire about the delay. I made inquiries but they would not respond. I went to the courthouse and found that they had filed on March 25, 2011 and I responded on April 3, 2011. Then nothing happened. They never had it scheduled for a hearing or taken before a judge. On Sept. 8 the case Adminstratively Closed by the courts.

I would like this resovled but it seems that they can keep this closed for as long as they like and have it reopened whenever is convienient for them. It appears that they are trying to mkae my retirement process difficult as I can see no benefit from delaying this process. Is there not some time limit? If it’s dismissed based on “timing out” can they just file another suit?


As long as it wasn’t dismissed with prejudice they can likely file again.