It was discovered when I brought a copy of my Marital Settlement Agreement and my QDRO for my 401k plan to my financial advisor that my premarital portion was subtracted from the balance on the date the divorce was entered and the remaining balance was split 50 - 50.
How ever, the marital settlement agreement states that my premarital portion was to be identified and that it would then be treated as if it made 5% interest annually for the 20 years that I was married. This new amount would then be subtracted from my 401k balance (a much larger amount) and the remaining balance split 50 - 50.
At the time of signing the QDRO my lawyer advised me that the document looked proper and followed what all parties had agreed to in the divorce. (I always asked before signing anything if there was anything that was changed from a draft or not in my best interest since most of this paperwork is confusing and I am paying him for his expertise in the matter.)
The marital settlement agreement has never been amended.
If the QDRO does not match the marital settlement agreement filed and no amendments have ever been made since that filing, is the QDRO valid?
Can it be amended since certain portions of the marital settlement agreement were omitted from the QDRO?
This omission was missed by both lawyers.
I believe the QDRO was prepared by my xwifes attorney.
I live in Illinois.
My ex-wife has already received her portion of the 401k (including the 5% portion of interest that was awarded to me via the marital settlement agreement)
Thank you
