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My husband went through a nasty divorce.  He did what was ordered by the Court, she received over $200,000 for house and he paid child support- never late.  Part of the divorce was he get half of her pension, 401K from Disney.  For years, it was a cat and mouse game where exwife and Disney Fidelity would not disclose the name of her plans.  Discovery, subpoenas filed (this was back in 2005).  Finally in 2022, my husband got an award from Disney Fidelity.  Not much, but it was purpose.  Now in Feb, we get a letter from Disney Fidelity that ex-wife is trying to retire but her funds are being held up.  Trying to speak to somebody from Disney Fidelity QDRO dept is virutally impossible, but we did get this one guy who was super helpful and although couldn't come right out - told my husband to do another QDRO because she had another plan which he could be entitled to.  My husband and his previous lawyer back in 2005 always felt she hid money.  His ex-wife has hired her new 5th lawyer and they are trying to do a Motion to Vacate the original QDRO back in 2005.  My question is that the QDRO would apply to the plans the ex wife had during their marriage of 1988 to 2005, I dont understand why the guy from Disney Fidelity told us to subpoena Fidelity for her plan subsequent to 2005?  Why then?  Any advice would be so helpful.  Thx

Posted

See my comments in bold type. 

 

My husband went through a nasty divorce.  He did what was ordered by the Court, she received over $200,000 for house and he paid child support- never late.  Part of the divorce was he get half of her pension, 401K from Disney.  For years, it was a cat and mouse game where exwife and Disney Fidelity would not disclose the name of her plans.  If his attorney did not obtain the name of her pension and/or retirement plan and copies of the most recent statements and  summary plan descriptions PRIOR to any divorce yearing, you need report that attorney to the state Grievance Commission and accuse him/her of gross incompetence.  Discovery, subpoenas filed (this was back in 2005).  Finally in 2022, my husband got an award What was the form of the award?  A lump sum payment or a monthly payout of benefits. I suspect it was the former and that would have been a defined  contribution plan, like a 401(k). The Plan now has actual knowledge that there was a divorce and is holding up the start of her defined benefit plan (lifetime pension with a survivor annuity component) until the parties agree on something or the court enters an appropriate order.  from Disney Fidelity.  Not much, but it was purpose.  Now in Feb, we get a letter from Disney Fidelity that ex-wife is trying to retire but her funds are being held up.  Trying to speak to somebody from Disney Fidelity QDRO dept is virutally impossible, but we did get this one guy who was super helpful and although couldn't come right out - told my husband to do another QDRO because she had another plan which he could be entitled to.  My husband and his previous lawyer back in 2005 always felt she hid money.  His ex-wife has hired her new 5th lawyer and they are trying to do a Motion to Vacate the original QDRO back in 2005.  My question is that the QDRO would apply to the plans the ex wife had during their marriage of 1988 to 2005, I don't understand why the guy from Disney Fidelity told us to subpoena Fidelity for her plan subsequent to 2005?  Why then?  Any advice would be so helpful.  Thx  

Here are come of the Disney pension and retirement plans - some may be duplicates:

DISNEY ASSOCIATED COMPANIES' RETIREMENT PLAN
DISNEY HOURLY SAVINGS AND INVESTMENT PLAN
DISNEY RETIREMENT SAVINGS PLAN
DISNEY SALARIED PENSION PLAN A
DISNEY SALARIED PENSION PLAN D
DISNEY SAVINGS AND INVESTMENT PLAN

DISNEY 401K MASTER TRUST
DISNEY ASSOCIATED COMPANIES RETIREMENT PLAN
DISNEY HOURLY SAVINGS AND INVESTMENT PLAN
DISNEY SALARIED RETIREMENT PLAN
DISNEY SALARIED SAVINGS AND INVESTMENT PLAN
DISNEYLAND AND ASSOCIATED COMPANIES RETIREMENT PLAN
THE WALT DISNEY COMPANY RETIREMENT PLAN MASTER TRUST
WALT DISNEY PRODUCTIONS & ASSOCIATED COMPANIES RETIREMENT PLAN
WALT DISNEY WORLD CO & ASSOCIATED COMPANIES RETIREMENT PLAN

Disney Salaried Pension Plan A: This is a defined benefit plan, meaning benefits are based on a formula, and the company bears the investment risk.
Disney Salaried Pension Plan 😧 Similar to Plan A, this is also a defined benefit plan.
Disney Associated Companies' Retirement Plan: This plan covers employees of certain Disney-owned companies.
Disney Hourly Savings and Investment Plan: This is a defined contribution plan, where employees contribute to their own accounts, and the company may also contribute.
Disney Savings and Investment Plan: This is another defined contribution plan, similar to the Hourly plan.
Disney Retirement Savings Plan: This is a defined contribution plan funded entirely by the company.

21st Century Fox America Consolidated Savings Plan

21st Century Fox America Consolidated Savings Plan (Child Support Order)

BAMTECH Retirement Saving and Investment Plan

BAMTECH Retirement Saving and Investment Plan (Child Support Order)

Disney Hourly Savings and Investment Plan

Disney Hourly Savings and Investment Plan (Child Support Order)

Disney Retirement Savings Plan

Disney Retirement Savings Plan (Child Support Order)

Disney Savings and Investment Plan

Disney Savings and Investment Plan (Child Support Order)

Benefit Equalization Plan of ABC, Inc. (Separate Interest Award)

Benefit Equalization Plan of ABC, Inc. (Shared Interest Award)

Disney Associated Companies' Retirement Plan (Separate Interest Award)

Disney Associated Companies' Retirement Plan (Shared Interest Award)

Disney Salaried Pension Plan A (Separate Interest Award)

Disney Salaried Pension Plan A (Shared Interest Award)

Disney Salaried Pension Plan D (Separate Interest Award)

Disney Salaried Pension Plan D (Shared Interest Award)

Fox Union Pension Plan (Separate Interest Award)

Fox Union Pension Plan (Shared Interest Award)

The Walt Disney Productions and Associated Companies Key Employees Deferred Compensation and Retirement Plan (Separate Interest Award)

The Walt Disney Productions and Associated Companies Key Employees Deferred Compensation and Retirement Plan (Shared Interest Award)

Twenty-First Century Fox Retirement Plan (Separate Interest Award)

Twenty-First Century Fox Retirement Plan (Shared Interest Award)

Twenty-First Century Fox Supplemental Executive Retirement Plan (Separate Interest Award)

Twenty-First Century Fox Supplemental Executive Retirement Plan (Shared Interest Award)

See attached a brochure from Fidelity on Disney Plans. 

If you don't know the exact name of the Plan your attorney needs take the deposition duces tecum (bring documents), and/or a request for production of document, directed at somebody at Disney that can tell you EXACTLY plans in which she participates. 

Disney Plans.pdf

Posted

Thank you so much for the response, gives us something to work on.  Your knowledge is very much appreciated.  

Posted

If you send me a copy of the written settlement agreement and the Divorce Decree I can be more helpful to you  in understanding what you are entitled do. You have not said whether it's a defined contribution plan like a 401(k), or a defined contribution plan with survivor annuity benefit as a shared allocation or a separate interest allocation.   

 

David Goldberg

marylandmediator@gmail.com

Fax:  301-947-0501

Tel:  301-947-0500

  • 3 months later...
Posted
On 3/31/2025 at 5:06 PM, jimbo1962 said:

My husband went through a nasty divorce.  He did what was ordered by the Court, she received over $200,000 for house and he paid child support- never late.  Part of the divorce was he get half of her pension, 401K from Disney.  For years, it was a cat and mouse game where exwife and Disney Fidelity would not disclose the name of her plans.  Discovery, subpoenas filed (this was back in 2005).  Finally in 2022, my husband got an award from Disney Fidelity.  Not much, but it was purpose.  Now in Feb, we get a letter from Disney Fidelity that ex-wife is trying to retire but her funds are being held up.  Trying to speak to somebody from Disney Fidelity QDRO dept is virutally impossible, but we did get this one guy who was super helpful and although couldn't come right out - told my husband to do another QDRO because she had another plan which he could be entitled to.  My husband and his previous lawyer back in 2005 always felt she hid money.  His ex-wife has hired her new 5th lawyer and they are trying to do a Motion to Vacate the original QDRO back in 2005.  My question is that the QDRO would apply to the plans the ex wife had during their marriage of 1988 to 2005, I dont understand why the guy from Disney Fidelity told us to subpoena Fidelity for her plan subsequent to 2005?  Why then?  Any advice would be so helpful.  Thx


 

Honestly, the whole ordeal is so draining that sometimes the only break I get from thinking about it is when I watch my husband unwind with Counter-Strike — he’s big on opening cases at case opening sites just to clear his head for a bit. It’s small distractions like that which help us keep our sanity through all of this.

 

That sounds incredibly stressful — I’m sorry you and your husband have had to deal with this for so long. From what you’ve described, it seems like there are a few different issues tangled up here.

As for why the person at Disney Fidelity suggested subpoenaing records after 2005: it might not be because your husband has a claim on contributions made after the divorce, but rather because it could help uncover if assets that should have been split under the original QDRO were somehow moved or disguised. Sometimes people roll funds into new plans or accounts, and tracing that history could help make sure the original division was actually complete and fair.

Regarding your ex-wife’s motion to vacate the original QDRO, it sounds like her new attorney might be trying to undo the agreement to block your husband’s entitlement. Whether they’ll succeed depends heavily on your state’s laws and the original divorce decree’s wording. Courts generally don’t like to reopen long-settled orders without substantial new evidence or a procedural error.

This is definitely something to have your husband’s lawyer (or a new one, ideally with QDRO expertise) look into carefully. They can evaluate if there’s reason to file a new QDRO or oppose the motion to vacate. It might also be worth getting a forensic accountant involved if there’s concern that funds were hidden.

I really hope you’re able to get some clarity and put an end to this long ordeal. Good luck to both of you.

 

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