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QDRO & Motion to Deny my interest from ex-husband's 401k

Phoenix, AZ |

My divorce decree has a QDRO & my ex submitted a Motion to Deny my portion of the QDRO. The question I have is when I did my Response I thought the 401K was worth 13k, but after requesting financials I found out it was worth 19K. What do I need to do to make the Judge reviewing this Motion aware that my 50% should be from the 19k which was the value of the 401k at the time the decree was signed and not the 13K that i put in my response to my ex's Motion to Deny? My ex had a 5k loan against the 401k so is my half from the 19k or from the 19k minus the loan he had against the 401k? & is my half of the 401k from the date the decree was finalized or the value of the 401k when he was fired? our decree was not specific on this nor was it specific if my ex had a loan against his 401k either

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Attorney answers 2

Best Answer

Many of the questions you ask have varying answers depending on how the divorce decree was written or whether it was silent on particular issues. Normally the time frame for determining the value of a 401(k) or other employer-provided investment vehicle is from the start of investing (presuming the couple was married at that point; if not, whenever you wed) to the date of filing for divorce or when the divorce was final (or when the employee stopped working for the employer, if that occurred during the marriage). Unless a specific dollar amount was listed in the decree and it is wrong, you do not need to worry about amending it or anything. You have a right to 50% of the value from that timeframe, and your half of this asset is not diminished in the least by the loan he took out; that's his concern, not yours.

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Usually you outline the time period for which you are entitled to part of the retirement and the judge makes that finding and includes it in the order and you use that order to present to the company that has the 401k/retirement will figure out how much you are entitled to according to the order.

Brian Arnold