Providence, RI asked in Divorce for Rhode Island

Q: I was told by my ex-wifes lawyer that it is mandatory to do a QDDRO split of my personal 401k. I agreed to this in the

pre-divorce documents when wife and I decided about cars, kids, assets, etc. Neither she nor I personally put a cent of our own money into that acct. It was funded by the company I worked for and they contributed a little each year. My question I legally obligated by RI law to execute this split? Thanks.

Related Topics:
1 Lawyer Answer
Neville Bedford
Neville Bedford
  • Licensed in Rhode Island

A: Although opposing counsel may appear to be giving you legal advice, it is not a good idea to take advice on legal matters from your adversary. Your own independent counsel will cost you some money, but in the long run it may be well worth it. Rhode Island general law’s specify an equitable division of the marital estate. Once you retain your own independent counsel they can explain exactly what that means to you. Generally speaking qualified domestic relations order is are very effective way to fight pension assets without changing their nature or triggering significant negative tax penalties. When discussing this with your new counsel, also discuss what is premarital and the effect that has on those assets.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.