disclosure of information

[Guest wolf]

Thank you to those who responded to my query regarding beneficiary status. I am currently trying to get the alleged Pension Administrator of my ex- husband's company to confirm in writing the details he has e-mailed me. I am not too sure that it isn't my ex-husband in disguise-he's the company's director of Human Resources. What rights do I have to disclosure.? I was not named on the 401k plan although I was married to my husband at the time. Is there an official body that can require the company to divulge the information?

Anyone know of a good PA lawyer?

Thank you for any advice

[KIP KRAUS]

I don’t know the details of your prior marriage, but typically if you didn’t sign off relinquishing your beneficiary rights you were more than likely automatically by law his beneficiary while married. I don’t know how you were not the beneficiary. How long were you married to him?

After your divorce of course he can change the beneficiary at will provide he’s not remarried.

I’m not sure what you are attempting to do, but unless you negotiated a portion of your ex-husband’s 401(k) money in your divorce decree I’m not sure what it is you want.

Contact your divorce lawyer.

[stevena]

Along the same lines....just as an aside....

we get calls all the time from spouses who are beneficiaries, who are in the process of getting a divorce...but no QDRO issued yet. Or we get calls from their attorneys. They are requesting account balance info, etc. Are they entitled by law as beneficiaries (spouses) to receive such information? We didnt think so, but a recent divorce attorney for a spouse has indicated that we were wrong...

thanks!

[QDROphile]

The Department of Labor believes that a spouse or former spouse is entitled to benefit information in anticipatio of a domestic relations order. I think the Department is wrong. Also, it is easy enough in a divorce proceeding to get the infomation by consent or compulsion, so the plan administrator need not be the agent or arbiter of justice.

[stevena]

Thanks! We find this very interesting...could you tell me why you think the DOL says this?? Is it cited anywhere, or is there a case? Thanks a lot!!

[Guest wolf]

Thank you for the replies.The divorce action took place in the Uk although my ex-husband is a UK citzen with US residency status. I realise now that the reason for pursuing the divorce in the Uk was that his US assets would not be disclosed. My UK lawyers resolutely refused to pursue the 401k despite my repeated requests. They made other errors and there is a negligence suit pending. My ex-husband did not declare me on the 401k. We were married in 1974 and he has held the 401k for five years. I contacted the 'plan administrator' who confirmed that I had been entitled to be named as the beneficiary and that I had not been.

However since I am now divorced I am not entitled to any information as to the plan. My husband has already named another beneficiary. I have two dependent children-one of whom is disabled- all the matrimonial debts and a 'settlement' of $800- my ex-husband failed to meet any of the other requirements. There is no cover whatsoever for the children in the event of his death.