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  1. #1

    Default Division of Retirement Funds After a Divorce

    My question involves a marriage in the state of: Pa
    After approximately 20 years of marriage, My now ex husband and I decided to separate on good terms. After approx. 4 or so years separated we decided to divorce. At the time of marriage my then husband withdrew from his retirement and wanted to have the funds paid in full before he took action on giving me my fair share. I agreed to this and as October this year the funds were paid back. After approaching this subject he informs me that he needs to quit, retire or get fired before any funds can be disbursed. After waiting patiently and playing by his rules the time has come and is making me wait. My question is...What are my options in receiving my fair share? To add- I am currently marriage as of December 2013. Any help would be greatly appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Retirement Funds

    Was a QDRO established at the time of the divorce?

    FYI, it is by no means unusual that outside of a QDRO, retirement funds cannot be distributed except after employment ends.

  3. #3

    Default Re: Retirement Funds

    no, no QDRO was established. Everything was verbal and I filed for the divorce through the mail. I was under the impression that could be disbursed into my own fund? Am I not able to receive my fair share of the 401K until employment ends? Thanks for your help.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Retirement Funds

    If you had a QDRO it could be dispersed into your own fund. Without a QDRO that legally establishes your right to a portion, you are subject to the rules of the fund. But a 401k cannot, by law, be distributed until employment ends unless the employee is over age 59 and a half AND the plan document expressly permits such distributions. So you're going to have to wait and hope that your ex-husband honors your verbal agreement, because without a QDRO, the law will not.

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