Home  >  Financial Articles and Q&A  >  I am interested into talking to someone in reguards to a...

I am interested into talking to someone in reguards to a 401k plan that when my husband and I divorced I was suppose to get. I have a case # 11-34879-dm, through DTE and the lawyer said it was sent out on January 11. I have tried to find out some info over and over and through my lawyer but still no

Apr 20, 2013 by LeAnn from Monroe Charter Township, MI in  |  Flag
2 Answers  |  3 Followers
Follow Question
2 votes
Rich Winer Level 20

LeAnn, Whoever told you or your attorney that "it was sent out on January 11" should be able to tell you where and how it was sent, if that's in fact what happened. When you are part or all of a 401K in a divorce settlement, you have the following options.

  1. You can withdraw whatever you have been awarded from the 401K. The money you withdraw would be taxable. However, if it is distributed to you from a Qualified Domestic Relations Order (QDRO), your withdrawal would not be subject to the IRS early withdrawal penalty.

  2. You can leave the money in the 401k and it would become your 401k. The money would continue to grow tax-deferred.

  3. You could roll all or part of the money to a traditional IRA. Whatever you don't rollover will be subject to tax but no penalty if you have a QDRO.

  4. You could take the money and roll all or part of it to a Roth IRA. You will pay income tax on the amount rolled over but no penalty.

If you have not provided instructions as to what you intend to do with your half of the 401K, I don't see how anything could be done without your authorization. I suggest you or your attorney contact your husband's 401K provider or the HR people at his company. They should be able to give you more information. I hope this helps.

1 Comment   |  Flag   |  Apr 20, 2013 from Woodland Hills, CA
Rich Winer

I meant to write: When you are awarded part or all of a 401K...

Flag |  Apr 20, 2013 near Woodland Hills, CA

1|600 characters needed characters left
0 votes

LeAnn, Rich spelled out pretty clearly what your options are.

In order to execute one of these options, you need to, with your “QDRO’ in hand, contact the plan administrator of the 401(k). If your attorney has not provided this to you, just call Human Resources at the company and ask for the phone number of the plan administrator. Both attorneys and Human Resources people are not always the easiest lot to deal with, so you need to persevere.

You need to make your own decision as to what to do with the money. Without knowing any specific details, I would advise you that retirement money is typically best left for its intended purpose of retirement. Unless you have some other means planned for supporting yourself in retirement, I would suggest you either leave it in the 401(k) id possible, or roll it into an IRA.

Comment   |  Flag   |  May 06, 2013 from Delray Beach, FL

1|600 characters needed characters left