0
I am filing for divorce in New York. I need to find out how much is in my pension plan. Do I need to file a quadro?
Wiki User
∙ 16y ago
You do have to file a QDRO most of the time in Texas. Especially if you want any part of your husbands retirement account. But filing this paperwork is not enough. Most attorney's dont do divorce because of QDRO. Filing the paperwork is not the problem. The problem is getting the money from the spouses retirement account. Every company has different QDRO rules and then you have to work with the third party administrator that is handling the retirement account to get te money. Most of the time the divorce is not going to be final until the money has been moved. You need to ask yourself what your going to do with the money you receive from your husbands retirement account. If you are going to roll this money into an IRA for yourself, you need to talk to a financial representative that is willing to work through the QDRO. This can be difficult to do. I refer our clients to Ryan Ford Insurance & Financial Services in Fort Worth, TX to assist our clients with their QDRO. Ryan can do all the leg work for free if you are going to roll the money into an IRA. If you want to contact their office, they can be reached at 817-285-7000 x23. Good Luck! I am a Retirement Plan Administrator - we do not follow any different rules than what is prescribed to us through the Internal Revenue Code and the Department of Labor.
Your attorney would file the paperwork to be approved by a member of the court to become a QDRO (Qualified Domestic Relations Order). It has to state the amount (ie. 50 of account balance as of 12/31/06) and whether or not any earnings should be included (ie. plus earning until the date of transfer). These funds will then be transferred out of your ex's account and into an account of your own (or immediately distributed). The money is then yours to take (with 20% withholding for Federal taxes + state if applicable) or yours to 'rollover' into an IRA.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
What forms do I need to file a divorce in New York City, New York?
Several forms are needed when filing for divorce. The general forms are a Net Worth Statement, Preliminary conference, and temporary order of protection forms. The forms for filing a divorce in New York city and state can be found at http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml
What is the cheapest divorce in New York?
There are firms in New York which have a tremendous amount of experience filing accurate, legal paperwork on behalf of a client and for a very "nominal" fee, do EVERYTHING for the client including paperwork preparation, filing, processing and obtaining a final judgment of divorce. Not all of these firms are the same.
If married in France can you divorce in ny?
Yes, you can divorce in New York state no matter where you married, providing that at least one spouse meets the residency requirements for divorce in New York State. Currently, you must live in NY state for 1 full year before filing for divorce. If your spouse has never lived in New York state and the causes of the divorce did not occur in New York state and you were married elsewhere, then you must wait 2 full years.
Where do you file for a divorce if you were married in New York but leave in Ohio?
you file a divorce in new york
Is there a form for a legal uncontested divorce in New York?
Yes, there is a uniform uncontested divorce packet that will need to be filled out for an uncontested divorce in New York.
When did the duchess of york divorce the duch of york?
1992
If you married in Hawaii and reside in Texas where do you file for a divorce?
A divorce can be granted under New York laws when: 1. The parties were married in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 2. The parties have resided in New York as husband and wife and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 3. The cause occurred in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 4. The grounds for divorce occurred in New York, and both parties are New York residents at the time the divorce papers are filed, or 5. Either party has been a resident of New York for a continuous period of at least two years immediately before filing the divorce papers. Section 230 of the New York Statutes.
How fast can I get a divorce?
Many states have specific requirements regarding divorce and the time required between filing and hearings, or between filing and when it is granted. Divorces outside conventional means can be accomplished in several days to a few weeks and often involve filing in another country. This site is an example of that option: http://www.fastestdivorce.com/faq.html#quickly Most divorces take months of negotiations and hours of time spent in time in court. There is now a law firm in New York advertising a non contested divorce in 60 minutes. There is on online site offering to files papers in less that 24 hours.
Time limit for divorce in new york state?
If you deal with a reputable firm, the average time to obtain an uncontested divorce in New York State is 10 weeks. The key is choosing an experienced, honest firm. An uncontested divorce in New York State can be done by the parties involved WITHOUT an attorney if they can get all of the correct information. It is the duty of the court that the petition was issued to to guide the parties to the procedures. It is usually best to have an atty but a paralegal can do all of the paper work and filing as can the participants.
If You Get Divorced, How is Your Military Retirement Pension Divided?
U.S. military members are entitled to a pension when they retire. If a military member gets divorced long before he reaches retirement age, the divorce court must consider the pension he is likely to get years later and how to divide it. Most states consider military pensions to be assets subject to division just like other marital property.Uniformed Services Former Spouses Protection ActThe Uniformed Services Former Spouses Protection Act, or USFSPA, is the law governing the division of military pensions following a divorce. This law gives states the power to divide military pensions between spouses in the event of divorce. Only a divorce court in the state the spouses reside in may have the power to make this type of decision, unless the spouses consent to the division. For example, if a service member lives in New York but is stationed in Colorado, he has to give consent for a Colorado divorce court to divide his military pension. Otherwise, this part of the divorce would have to be handled through a New York court. However, consent doesn't have to be explicit or in writing. If the service member participates in divorce proceedings in Colorado, the court will often presume consent to handling the division of pension in that state.10-year RuleThe USFSPA covers all military spouses, regardless of the length of the marriage. The marriage doesn't have to last for 10 years for divorce courts to divide the pension plan. However, if the marriage lasted 10 years or more, and one or both spouses served in the military for at least 10 years of the marriage, the U.S. Defense Financing and Accounting Service pays the ex-spouse her portion of the pension. Otherwise, the spouse who receives the pension must pay his former spouse her share when ordered to do so by the court.Timetable of PaymentsThe divorce court can determine when a former spouse is entitled to pension payments. In some cases, the court may order that the ex-spouse receive her expected payment immediately in one lump sum. In other cases, the court may require that the ex-spouse begin receiving payments upon her former spouse's retirement.
If filed for divorce in new york and waiting for court to finalize papers can you marry in vermont?
NO! You have to wait for the New York divorce to become final.
Your husband is in prison in pr you want a divorce you are in New York how do you go about it?
File for divorce in New York and forward the papers to the prison, a divorce in any state is legally recognized in all states.
