How to Register a Foreign Divorce and QDRO
My question involves a marriage in the state of: GERMANY
Hi,
I got divorced in Germany and would need to register my divorce in the US.
we lived in TX and CA and my Ex saved into a 401K in both states, TX and in CA. He now lives back in TX.
Do I need to register a foreign divorce in Texas or in CA, or both?
Can the QDRO process handle the savings from/during living in both states or will it be split for savings accured in each state, each State separately?
to register my foreign divorce, I understand so far, I will need the German divorce paper, a translation by a certified translator, and an Apostille.
Is there any form to do the registration in TX and / or in CA?
Next step would be to file a case for the QDRO of 401K and pension plans?
Help - and your experience welcome
Re: Register Foreign Divorce and Qdro
Quote:
to register my foreign divorce, I understand so far, I will need the German divorce paper, a translation by a certified translator, and an Apostille.
Is there any form to do the registration in TX and / or in CA?
You'll need to contact the office of the Attorney General in your respective states. It's my understanding that you'll each need to register the divorce.
As far as the QDRO, you'd do well to consult local counsel to get that properly filed. The split would occur by account, regardless of the state in which the savings were accrued.
Re: How to Register a Foreign Divorce and QDRO
Quote:
Quoting
strawberry66
I got divorced in Germany and would need to register my divorce in the US.
Tell us about this divorce. Did your husband participate in the proceedings? Did it go to trial or was there a consent judgment? Did the judgment address division of the estate? If so, did it reserve certain issues (such as the 401K plans) for later litigation in the U.S., making no ruling on those issues? Did it prescribe the division of retirement assets, and now you're simply trying to put those provisions into effect by obtaining and filing QDRO's through the U.S. courts?
Quote:
Quoting strawberry66
we lived in TX and CA and my Ex saved into a 401K in both states, TX and in CA. He now lives back in TX.
Your sole purpose in filing within the U.S. is to obtain and register QDRO's against your ex's 401K accounts and pension plans?
Quote:
Quoting strawberry66
Do I need to register a foreign divorce in Texas or in CA, or both?
Have you talked to your ex- about where your case / issues might be litigated? Perhaps he'll agree a venue.
Quote:
Quoting strawberry66
Can the QDRO process handle the savings from/during living in both states or will it be split for savings accured in each state, each State separately?
If there's more than one plan, you would need a QDRO for each plan. If there's only one plan, it doesn't matter that contributions were made from different states.
Re: How to Register a Foreign Divorce and QDRO
Thanks for your quick responses.
Quote:
Quoting
Mr. Knowitall
Tell us about this divorce. Did your husband participate in the proceedings? Did it go to trial or was there a consent judgment? Did the judgment address division of the estate? If so, did it reserve certain issues (such as the 401K plans) for later litigation in the U.S., making no ruling on those issues? Did it prescribe the division of retirement assets, and now you're simply trying to put those provisions into effect by obtaining and filing QDRO's through the U.S. courts?
Your sole purpose in filing within the U.S. is to obtain and register QDRO's against your ex's 401K accounts and pension plans?
Have you talked to your ex- about where your case / issues might be litigated? Perhaps he'll agree a venue.
If there's more than one plan, you would need a QDRO for each plan. If there's only one plan, it doesn't matter that contributions were made from different states.
-- YES - only purpose is that 401K and pensin plans, everything else can be handled in Germany. There is only account with two positions: Pension Plan and 401K Savings - (I have not worked, no work visa first and then kids) -- So I understand, I can handle it all from one State, most likely Texas, since he lives there now?
Would Pension plan and the 401K be divided in on QDRO or would they be divided separately? They do sit in the same account - as two positions.
We are working on a division of the assets and estate with our German lawyers and might likely end in another trial. The GERMAN Pension has been divided through the divorce trial itself -thats a required issue-, but court does not touch foreign Pension plans, they say its postponed until it pays out and then its a private law issue (or whatever the correct terms would be for that).
Every issue in the divorce is handled as a a separate case and in needed separate trial - 1. divorce with Pensions accrued in Germany (or whereever court is able to handle) -
2. alimony BEFORE the divorce incl. child support, while still married -
3. alimony AFTER divorce incl. child support -
4. division of assets/estates/property. (I dont know, how this would be in the US, but most part -except for that 401K& Pension plan - will be covered in Germany.
No I have the chance to make him listen to work on that Pension account since we are dividing the assets.
I would prefer to actually keep the Pension account as is, instead of a payoff.
If he does not agree and does not help to the division, what are my options?
I can use all this info to negotiate with the division of assets and if I know, I can accomplish the QDRO, I will be able to put this into negotiations accordingly.
- - - Updated - - -
Quote:
Quoting
Mr. Knowitall
Tell us about this divorce. Did your husband participate in the proceedings? Did it go to trial or was there a consent judgment? Did the judgment address division of the estate? If so, did it reserve certain issues (such as the 401K plans) for later litigation in the U.S., making no ruling on those issues? Did it prescribe the division of retirement assets, and now you're simply trying to put those provisions into effect by obtaining and filing QDRO's through the U.S. courts?
In the Germany case, the US Pension account was not addressed at all. It was not mentioned (so far, there is the division of assets coming up- so I make sure, its in the list there). So the options would be to wait until he gets payments (which will be earliest in about 10 - 15 years to start a claim or address this issue now, which is what I prefer.