Qdro gone wrong, funds distributed incorrectly

[Needhelp]

In my divorce decree, my wife was awarded 50 percent of my 401k from the time that we were married which was 12 years. Fidelity qdro gave her 50 percent of my entire 401k for 21 years. How do I recoup my funds for the 9 years before we were married?  

[david rigby]

Fidelity would have acted on a QDRO, rather than a divorce decree (since the latter is usually not structured to encompass the former).  Your first step is to review the terms of the QDRO.  If it does not conform with the intent in the divorce decree, you should investigate why?  who did it?  who reviewed it?  etc.  (Don't blame Fidelity until you determine what the relevant documents said.)

[Needhelp]

The information on the divorce decree and the qdro is the same. I received a letter from fidelity stating that my ex wife was supposed to receive 50 percent from the time we were married. But they gave her 50 percent of the entire account.  Every time I call them I get the run around.  I sent them a certified letter with the divorce decree/qdro plus a copy of the letter head that they sent me.  

[ESOP Guy]

Talk to your HR department.  Fidelity works for your company.  The company my lean hard on Fidelity to get it right but in the end the company not Fidelity is most likely the final decision maker.  Fidelity is way more likely to listen to the people paying them.

[Needhelp]

Okay thanks 

[char Nahashon]

The person who did your QDRO also might have answers for you because they go by the decree and what it states. READ your decree and what she was awarded. 

[char Nahashon]

ESOP Guy Thank you for that information about Fidelity! I never even thought once about asking them for anything. But you helped me a lot today!!!!