New York Divorce Attorney Discusses Qualified Domestic Relations Orders
I am trying to finalize a Qualified Domestic Relations Order two years after a divorce with my ex-husband who has remarried and is not responding. Will I lose half of the 401k that the decree said I would get?
As an experienced New York Divorce Attorney, I know that pursuant to your Judgment of Divorce, you are entitled to a portion – your marital portion – of the 401K. The Qualified Domestic Relations Order will effectuate the distribution of your interest. Your ex-husband’s re-marriage should not impact your rights in this regard. If he has removed the funds or otherwise impacted your share, you do have legal recourse through the Supreme Court, which should include a request for attorney’s fees and costs.
Do you have questions about finalizing your Qualified Domestic Relations Order? If so, contact the experienced New York Divorce Attorney Katrin Falco.