Servered and ED of retirement accounts


#1

I have been servered the civil Summons for absolute divorce. We have a SA and have covered ED in that document. We are dividing up the retirement accounts equally ($ amount was determined one year after seperation.) I talked to the financial company that manages the accounts and thay said that since the division of the accounts did not happen within one year of seperation that we would have to pay taxes and fees for the withdrawal unless the division is court ordered in the divorce.

Can I answer the complaint by including the specific dollar amount to be transfered to my retiremnet account, and have it be part of the divorce? Can it be that simjple, or is there a specific form that I need to fill out to make this happen?


#2

In order to transfer money from retirement accounts you will need to have special documents drafted, called a Qualified Domestic Relations Order, and you will need to include a limited ED claim as part of your divorce so the court may enter the Order.