Are you looking to file a QDRO but aren’t sure what your legal rights are? Don’t lose your QDRO benefits that you’re entitled to! Call us now.
QDRO Process Explained
Typically, you should submit a QDRO with your judgment of divorce. Some judges are requiring that now; they didn’t use to. You can submit a QDRO later. However, you don’t want to run into the problem where you forget to submit it, and all of a sudden 5, 10, 15, 20 or more years go by. If something happens to your ex-spouse, and you haven’t submitted a QDRO, you’re not going to get the funds. You want to make sure that you do it as soon as possible, preferably when the judgment of divorce is forwarded to the judge.
Entitlement to a Spouse’s Social Security Benefits
I am often asked as a Saratoga Divorce Lawyer if you are entitled to social security benefits during your divorce. You are entitled to social security benefits if you were married for 10 years or more. I advise clients as a Saratoga Divorce Lawyer that the social security administration will determine if you can share your ex’s work record.
Disinheriting Your Spouse to Protect Your Assets
- When one spouse tries to disinherit the other from their assets and estate, the New York State EPTL says, essentially, “You can’t do that.”
- The other spouse will obtain their elective share from probate and non-probate assets – even if those assets were bequeathed to someone else.
Obtaining Your Part of Your Spouse’s 401K if they Die
- The rights of a non-titled spouse should not be impacted by the death of the titled spouse when a defined contribution plan, such as a 401K, 403B, or other money account is divided.
- It is best to have an agreement providing for the non-titled spouse to remain a beneficiary for their share of that fund until the date of division.
- Another order can then provide for transfer of their share to them and out of the plan.
Are you going through a divorce and are looking to file a qualified domestic relations order (QDRO)? Don’t lose QDRO benefits and file too late! Contact experienced Saratoga Qualified Domestic Relations Orders (QDRO) Lawyer Jean Mahserjian for guidance.
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