Legal Question in Family Law in Mississippi
Will an x-husband have to pay interest on 401k money?
My x-husband and I divorced 9 years ago, and I was court ordered 1/2 of his 401K plan. I have been advised that if I take it to court, the judge will more than likely give me interest on the amount that he was ordered to pay. Is this the norm?
1 Answer from Attorneys
Re: Will an x-husband have to pay interest on 401k money?
That depends on the language in your final decree. It is my opinion that a Qualified Domestic Relations Order (QDRO), should have been presented to the Court as soon as the final judgment was rendered. To protect your interest, I would urge you to have a QDRO done immediately. Make sure to find an attorney that is familiar with the Employee Retirement Income Security Act of 1974 (ERISA). Below is a link to my web site for further information on QDRO.
http://www.mileklaw.com/qdro.html
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