Stuart, FL asked in Divorce and Family Law for Florida

Q: Who calculates the percentage to split a 401k for a QDRO

My husband was divorced 17 years ago and in the divorce decree they were to equally split the marital portion of his 401k through a QDRO. He has contacted his plan administrator and received their QDRO form and it looks self explanatory. My question is does he calculate the percentage to file the QDRO with the plan administrator or does the plan administrator for the 401k.

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

A: That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.

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