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Necessary to file QDRO for a short marriage?

Divorce 2 views 2 answers
I was going to do a cut and dry dissolution- he take his, I take mine kind of ordeal and not mess with the money aspect. However, I'm starting to rethink that considering I was unemployed while going to school for over a year without ever being added to his checking or savings account. I basically got an allowance from him monthly and never have touched any of his accounts as he is very greedy with his money. Therefore I'm starting to rethink if I should go ahead and file a QDRO on his 401k. He had other investments throughout our marriage but I was going to settle with just his retirement. We have only been married for a year in a half.

Attorney Answers

2
Peter Kirner ·
I agree with counsel. Depending on his salary, and his contributions during the marriage, that amount may be very small. You should know what you are waiving when you waive it. You are only entitled to half of the increase( what was put in, as well as the % that increased) over the duration of marriage. IF he is a CEO, then by all means, go for it. If he makes $40K, it may not be worth your time. Good luck.
0 upvotes
Betty Burley ·
A QDRO is a court order. Unless he agrees to it, you will need to go through the process of a contested divorce in order to "file a QDRO on his 401k". The amount that you would be entitled to would be 1/2 of the increase in value during your marriage. Without knowing the marital equity in the plan, it is impossible to give you a definitive answer. The legal fees involved in a contested divorce may exceed the your share of the marital assets that you could win.
0 upvotes

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