Conference quokka::non_custodial_parents

    She is allowed to have it by law. Best is to scratch the neck and cut
    the check and move on. And be thankful she is out of your pockets from
    that point forward. If she has a pension program ask to see if you can
    have half of that. Or a % of it.
    
    

    	In my case, the divorce decree specified that she got half of my
    pension benefit and half the 401k at the time of the divorce (almost a
    year ago). Then came the filings of the QDROs to make it happen. This
    is still going on, with nonsense being exchanged between the attorneys,
    courts, and Digital. We get the copies in the mail and bills, of
    course. What Digital (or whoever it is that administers these plans for
    Digital) says is that everything will be split in half on the date at
    which an agreement is finally reached and approved - not from the
    divorce date. Probably because it would be difficult for them to figure
    out the value back then and give her half of that. Also, she's entitled
    to her share of the interest/accumulated value since then. I'm just
    glad I stopped contributing to the 401k plan back when I became too
    broke to do so anymore because she'd probably get half of my
    contributions too if I read the QDROs correctly.

    
    	What if one was 100% vested got married and in the interim the new
    plan came out. Now your getting a divorce, she has no plan, and from
    what I heard if one was 100% vested beforehand, the ex wouldn't be
    entitled to it. But if after you were married Digital came up with this
    new formula, would the ex be entitled to some of that ? Hopefully, you
    know what I mean....
    

    Anything is negotiable I suppose, but the division of my pension was
    spelled out in the decree, very specifically, and is independent of any 
    changes to Digital's plan (which did change during my separation).  And, 
    essentially it amounts to a percentage of my benefit at retirement 
    equal to one-half of 10 years (amount of time while married I worked 
    at Digital until divorce *filing*-- not final divorce, I insisted on 
    this) divided by total number of years worked at Digital at time of
    retirement.
    
    Same with the 401K; once she hit the road, her entitlement to my work
    benefits ended, a full year before the divorce became final.  Don't let 
    anyone tell you that it can't be done this way, if you don't think it's 
    fair otherwise and is worth contesting.
    
    Glenn
    

>    What Digital (or whoever it is that administers these plans for
>    Digital) says is that everything will be split in half on the date at
>    which an agreement is finally reached and approved - not from the
>    divorce date. Probably because it would be difficult for them to figure
>    out the value back then and give her half of that.
    
    Reading back now, if this is true, it looks like I may also have to 
    deal with Digital (Benefits Express or whomever) because I don't think 
    my QDROs are yet complete.  I don't think I should simply accept this 
    at face value because even aside from the one year difference between
    filing and finalization accounted for in the decree, I can tell you 
    that Benefits Express has not been expedient in their processing of 
    these matters.
    
    Glenn
    

    	It looks to me like this is Digital's way of handling the QDRO. My
    divorce decree spells out that she gets half of the value on the date
    of the divorce becoming final. However, that would mean that she's had
    those assets tied up and not earning interest or accumulating any value
    since the divorce became final, which I guess isn't fair either. When I
    spoke to my attorney about this, she said this wasn't uncommon. That if
    I had been contributing to the (401k) plan since the divorce became
    final, she wouldn't be entitled to my contributions, and we'd have to
    fix the wording for that, but since I haven't contributed, both our
    halves have simply been accumulating value.

    
>    	i called yesterday, the date specified in my divorce was as
>   	of may 22, 95...i asked if that balance is what she'd get half of
>    	and they said yes and what ever interest has accured to date
>    	so lets say there was 5 dollars in there on may 22, 95 and as
>    	of yesterday there was 8 dollars i first thought she only get
>    	half of 5 but what i was told yesterday it sounds like half of
>    	8..i don't think it's fair, this is concerning the 401.
    
    Keep us posted, as the last statement (half of the 8) contradicts
    the first (balance at May 1995 plus appreciation).  No, it's not
    fair; it's not even in the ballpark.  Who are you talking to,
    specifically (phone number)?
    
    May 1995 is the date specified in my decree, too.  If Digital tells me 
    that in the QDRO they've got to go with 50% of the valuation as of 
    right now, I'll come out kicking and screaming.  I bit the bullet and 
    continued to make significant 401K contributions over a time period 
    where I was receiving no contributions from my ex for mortgage 
    obligations etc. (plus Digital started matching over that period).  
    The difference is significant, and it's not that hard for them to 
    calculate the correct basis (we get regular quarterly statements; 
    I've calculated it myself).  Whether the 50% number itself is "fair" 
    is a matter to be debated elsewhere (it's the law), but 
    post-divorce/filing contributions shouldn't be lost due to some 
    department's inefficacy.
    
    Glenn
    

    
>    	I lost half on the 401 according to the july 28th 96 date
>    	not as to the may 22nd 94 date.
    
    Can you clarify something here?  Had you continued to contribute 
    to the 401K from May 94 to Jul 96?  I can fully understand that 
    you'd just split 50-50 if the accumulation was only interest,
    but not if you had continued to contribute out of your paycheck
    for two full years after the divorce settlement.
    
    glenn