In my divorce I am entitled to 50% of my ex husband ESOP savings. I am told I need to present the QDRO form to get it. The divores was in North Carolina I now live in Florida. I do not know what needs to be done.
You should contact a North Carolina family law attorney to determine if a QDRO there will need a court order. If not, you can contact someone in Florida to credit and effect one for you.
Disclaimer: This answer is for general informational and educational purposes only and should not be relied upon as specific legal advice. It does not establish an attorney/client relationship.
If the employer Plan Administrator is indicating that they need a Qualified Domestic Relations Order (QDRO) to distribute your share of your Former Husband's ESOP account to you then a QDRO will need to be drafted by an attorney familiar with such orders and then that QDRO, depending upon the Plan Administrator's procedures, can either be submitted to the Plan Administrator for pre-conformance approval and then submitted to the North Carolina court for conformance and then set as a final QDRO to the Plan Administrator or if the Plan Administrator does not allow for pre-conformance approval then the QDRO will need to be drafted, then submitted to the North Carolina court for conformance and then sent to the Plan Administrator for approval and acceptance. If for some reason the Plan Administrator does not approve the order as being an acceptable QDRO, as determined by the Plan Administrator, the process must be repeated until the Plan Administrator is presented with an acceptable QDRO, in its judgment. The actual QDRO can be drafted in any state but it must be conformed by the North Carolina court that granted the divorce, but that is easily done through electronic or regular mail delivery between the drafter of the QDRO and the North Carolina court.
Daniel Bachert, Esq.
Family Law Attorney, Mediator and QDRO Specialist
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Always start with the corporation who has the funds as they may have a QDRO they regularly use that s a form you can fill out and send to the court to sign. If not, hire an attorney who only specializes in drafting them and you would need to do so in North Carolina where the action was finalized.
THIS ANSWER IS DESIGNED FOR GENERAL INFORMATION ONLY. THE INFORMATION PRESENTED SHOULD NOT BE CONSTRUED TO BE FORMAL LEGAL ADVICE NOR THE FORMATION OF A LAWYER/CLIENT RELATIONSHIP.
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