Question about the 401K plan

[claudius16309]

I live in Georgia.

My ex-wife and I were divorced on October 17, 2005. We are trying to submit the QDRO to split my 401k plan. The document, when describing Property to Wife states:

One-half of Husband's 401(k) plan through his employer. Said one-half amount shall be valued and the division shall not be made until the Employers 2005 contribution to the plan. In the event the Husband has withdrawn any amount or obrained a loan against the value of the plan from January 1, 2005 until the signing of this agreement, Husband shall reimburse the Wife for one-half of said amount. Or Wife shall receive her one-half portion at the time of the division of the 401(k) plan.

My question is regarding the interest that has accrued since January 15, 2006 (the date the final employer match was contributed to the plan). No mention is made of the interest, neither to include nor to exclude my ex-wife from getting half the interest. Since it does not state she gets any of the interest after that date, is she entitled to any of it? I would like to say not, but I also would like to be perfectly legal.

Any help in thie matter would be greatly appreciated.

John

 

[claudius16309]

Please note, they date of the divorce listed above should have said October 17, 2006, NOT 2005. Otherwise everything is correct. The corrected post in it's entirety:

I live in Georgia.

My ex-wife and I were divorced on October 17, 2005. We are trying to submit the QDRO to split my 401k plan. The document, when describing Property to Wife states:

One-half of Husband's 401(k) plan through his employer. Said one-half amount shall be valued and the division shall not be made until the Employers 2005 contribution to the plan. In the event the Husband has withdrawn any amount or obrained a loan against the value of the plan from January 1, 2005 until the signing of this agreement, Husband shall reimburse the Wife for one-half of said amount. Or Wife shall receive her one-half portion at the time of the division of the 401(k) plan.

My question is regarding the interest that has accrued since January 15, 2006 (the date the final employer match was contributed to the plan). No mention is made of the interest, neither to include nor to exclude my ex-wife from getting half the interest. Since it does not state she gets any of the interest after that date, is she entitled to any of it? I would like to say not, but I also would like to be perfectly legal.

Any help in thie matter would be greatly appreciated.

John

 

[dcrowel]

401K Plan

I can tell you what happened to me. I was divorced in Sept. 06 but the QDRO was not accepted by the plan administrator until Mar 07. The QDRO was worded exactly like yours yet the 401K administrator paid out half the interest from Sept. 06 to Mar. 07. Claims that although the QDRO was worded such that the monies should be divided as of the Sept 06 date, since the QDRO was approved in Mar. 07, they had to include the interest (by law) up to that point of distribution.