Ex and I are now divorced. We had a seperation agreement and in the agreement he had 90 days from the signing of the agreement to execute a QDRO which he did. It was presented before a judge and a letter sent to my employer. My employer in turn sent my ex the paper work to fill out of how he wanted his share distributed. It’s been almost 6 months since he received the letter and he has done nothing. My company has since been sold and I have moved my 401K to my new companies investment company. Can any legal action be taken against me? I’m guessing he would have to have a new QDRO done in order to get the money from my new employer. What if any retaliations would be against me now. There was no time limit in the agreement as to when he was to take the money, only that he had to start the process within 90 days of signing the agreement.

If your ex-husband tries to complete the paperwork and finds out there is no money to split, he may file an action against you for your failure to comply with the court order. You may want to tell him what has happened, and help find a solution before it creates a problem for you. It may be as simple as entering a new QDRO order with the judge and submitting it to the new account holder.