Retirement fund

S

Sb1963

Guest
Jurisdiction
Washington
Hello. My question is this. My husband's and my divorce became final in April 2015. I have a small retirement fund that was left out of the divorce. Our divorce has been final for a year and a half now. I am trying to cash at this fund and the plan is saying they need a Quadro showing who is entitled to the funds. Since the fund is not mentioned in the decree doesn't that make it mine automatically? The plan is saying they have to have a Quadro to release it.
 
The fund needs the QDRO because Washington is a community property state and your ex has a marital interest in the account that has to be resolved with the QDRO.

The account should have been addressed in the divorce and it was somebody's colossal mistake not to address it.

Contact the fund people and ask if there is an acceptable alternative to a QDRO like a signed and notarized waiver from your ex.

If they will accept that, then good luck trying to get your ex to sign it without giving her half the money (which she is entitled to).

If you can't do it with a waiver then you will have to reopen your divorce case, address the account, redo the decree and write up the QDRO for the judge to sign and then deliver it to the plan custodians.
 
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