How can I collect from my spouses 401k after divorce?

Question Detail

I was awarded monies from spouses 401k in divorce. What forms do need, or how do I go about collecting?

Attorney Michael Fischer

 Mike’s Answer:

A Qualified Domestic Relations Order (QDRO) should be prepared, filed and served on the 401K administrator. If your divorce judgment did not provide for a QDRO, you should file an Order to Show Cause motion and ask that the court order one. Your spouse’s employer may have sample language for the QDRO.


Category: Divorce, Enforcement, Family Law

← FAQs