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QDRO for 401k


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If everything was acquired during marriage in Maryland, does the have to divide any Retirement Plan/Assets that were acquired and purchased during the ask. I ask because my 401k was initated during our marriage, but my court order does explicitly mention the 401k. Is it possible for my ex-wife to go back to court and say that this was an error on the court part because it was Marital Money?

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First of all, I don't know what you mean by saying "during the ask". And I don't understand the timeline you were talking about,  when the court did what or said what and when your ex-wife is making a demand. If you actually want me to take a look at this, I need to see a copy of the agreement and the judgment absolute divorce and that will tell me pretty much everything I need to know. It generally doesn't matter where you earned the 401k or any other pension or retirement plan. It only matters in what state the divorce was granted and how the allocation of pension and retirement benefits are treated in that state.  If the If the agreement or the judgment of divorce did not mention the 401k and more than 30 days have elapsed since the entry of the judgment of absolute divorce, your ex-wife is likely SOL.  

David. 301-947-0500

I have been a member of the Maryland Bar for 56 years during which I have spent 37  years preparing qualified domestic relations orders, teaching matters pertaining to pension and retirement plans and testifying as an expert witness on these issues.

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