More details to this question:
My husband and I got a dissolution on May 23 2013. At the time, I was unaware that he may have a 401k plan. Can I still get my half of the 401? We were married in 2000. So we were married for almost 13 years and have one child together which I got custody of in the dissolution.
11 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there is protection for a spouse in a dissolution when there is an undisclosed asset, such as this 401(K) appears to be. You should consult either the attorney who represented you in your dissolution, or some other experienced family law attorney to review your options. In Arizona your ex-husband and his attorney would have had a duty to disclose this asset.
Answered on Aug 16th, 2013 at 9:42 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Generally there is no relief if the Final Judgment is over 30 days old. The exception is if fraud was involved. Was there financial discovery or a financial affidavit filed by the spouse?
Answered on Aug 15th, 2013 at 9:54 AM
Family Law Attorney serving Upland, CA
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Law Office of Stephen Gassner, APC
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Yes, definitely. But I would proceed VERY carefully and very quickly see a family law attorney before talking a lot in public about it. It might be a straightforward issue, and then again, it could get complicated. I would have to ask a bunch of questions before figuring that out.
Answered on Aug 14th, 2013 at 9:40 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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The California statute provides for the division of an undisclosed asset even after the entry of a final judgment.
Answered on Aug 14th, 2013 at 9:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You had the opportunity to ask what assets he had. Unless he lied in an answer to your questions about assets, no, you cannot.
Answered on Aug 14th, 2013 at 7:34 PM
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Yes. You may have an interest in the 401k. The 401k would be considered an omitted asset that was not adjudicated by a final judgment/settlement. This is assuming that you did not receive other assets in lieu of receiving your portion of the 401k.
Answered on Aug 14th, 2013 at 5:08 PM
If you were unaware of an asset when the dissolution was open you can request that the court reopen the case in order to deal with that asset.
Answered on Aug 14th, 2013 at 4:59 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Did he deliberately keep knowledge of the 401(k) from you, or did you just not ask? If he concealed it, you should be able to reopen the matter in court. If on the other hand you did not steps to get a financial disclosure from him, you will find it much harder to reopen the case.
Answered on Aug 14th, 2013 at 4:44 PM
Alternative Dispute Resolution Attorney serving Farmington Hills, MI
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DeBrincat, Padgett, Kobliska & Zick, Attorneys & Counselors at Law
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If there is evidence that the existence of the 401(k) was hidden from you, then you may be able to seek a reallocation of assets under Sands v. Sands. If you failed to exercise due diligence to discover the 401(k), or just forgot about it in the final judgment, then it is unlikely that you will be successful in reopening your case.
Answered on Aug 14th, 2013 at 3:58 PM
Yes. You can petition the court to reopen the case based on an omitted asset. You might need a lawyer for this so talk to a family law attorney in your community.
Answered on Aug 14th, 2013 at 3:46 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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If your Judgment of Divorce does not address the 401(k), you might be able to convince a Judge to "re-open" the case, but you will have to prove fraud/misrepresentation on the part of your ex, which can be challenging to do. Time is definitely of the essence in your situation, so I would kindly recommend you consult with a Divorce Lawyer ASAP.
Answered on Aug 14th, 2013 at 3:44 PM