Legal Question in Family Law in New York

Divorce settlements

Mine is a little complicated. But here it is: I got divorced in 99 and in the agreement it stated that I was entitled to 1/2 of the 401k my exhusband has. My attorney that I had at that time is no longer my attorney and all his cases transferred to another attorney which I now have. I stated in the agreement that myself and my attorney were responsible in getting the process started to get the money from the 401k. I have not had any luck in getting this done. I have called my attorney almost everyday to see if this has been done. I am wondering what is an acceptible amount of time to wait for this to be done. Afterall I have been waiting since 1999 for this all to be finally over.


Asked on 7/25/02, 11:23 am

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Divorce settlements

There is no time limit. You simply have to retain an attorney and draft the QDO to transfert the pension.

Daniel Clement

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Answered on 7/25/02, 11:43 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Divorce settlements

Too often some attorneys may delay in doing the QDRO. It is either too complicated or too intimidating, etc., so it tends to get put off ... and then forgotten about.

There may be more serious issues here than just tardiness and neglect. Suggest you get a second opinion from an experienced matrionial attorney.

If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799.

I practice in NYC and Long Island.

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Answered on 7/25/02, 12:42 pm


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