beneficiary-401k plan

[Guest wolf]

My husband and I were divorced this year. The divorce took place in the Uk .My husband did not declare any of his US pension plans and they were not pursued by my attorney despite repeated requests from me. I was not named as beneficiary on his 401k although we were married at the time the plan was taken out. Is there anything I can do to retrieve the situation. My husband is Director of Human Resources at his firm and was therefore well aware of the implications.

Any help gratefully received:

[rcline46]

The problem here is lack of knowledge of UK laws. That said there are usually certain items that are applicable:

1. Full disclosure of assets by both parties - if assets were concealed the the property agreement is based on fraud and can be reopened.

2. Malpractice claim against your solicitor for not pursuing your request. The big problem here is that you did not terminate your solictor when he/she refused your request.

3. FIle for a DRO to become a QDRO against the plan even though the divorce is over. Claim that asset was never covered in the property settlement. File in the US of course.

Note that most plans are written that the spouse is automatic beneficiary. Unless there is a claim that is paid elsewhere then there is no claim on your part that you were not the beneficiary. The instant you divorced you were no longer a beneficiary.

[david rigby]

And make sure you get a US attorney who knows the meaning and importance of a QDRO. Interview. If the proposed attorney does not seem to have immediate sense of importance for this, then keep shopping.