Orlando, FL asked in Divorce and Family Law for Florida

Q: Divorce and QDRO question in state of Florida.

About 5 years ago i got divorced, i payed for a QDRO to be made and for the assets to be split, the paperwork did went through the judge and my ex-spouse was suppose to file it to get the assets split and get the money. About a year and half i quit my job and when they asked me what to do about the 401k I told them just to withdraw it, i thought that what was withdraw was only my part, 5 years later she is asking about her part of the 401k and after a lot of investigation it does turns out because that paper was never sent she never got anything from it. when the 401k was withdraw it had the taxes applied to it and everything, do i have to pay her back in total? is there anyway to fight it? she was also suppose to pay for the documents for the QDRO but never did.

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1 Lawyer Answer
Rand Scott Lieber
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  • Hollywood, FL
  • Licensed in Florida

A: You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her directly. Speak with a local family lawyer for more specific advice.

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