QUESTION
Do I have any recourse to go back on a 30 year old divorce for share of husband's 401K?
Asked on Sep 26th, 2013 on Divorce - Texas
More details to this question:
30 years ago during my divorce, my husband did not disclose to me or my attorney that he had a substantial 401K and several rental properties. Now that I have that information, can I go back and get my share of the 401K? He retired as the CEO of a large aeronautics company and I was laid off about 3 years ago from the same company. I'm living on $1600 a month. He lives in a 3 million dollar house. Is there anything I can do?
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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Yes, there is something you can do. You will need to file a Suit for Postdivorce Division of Community Property. This will allow you to bring it to the court's attention (and your former husband's) that you are entitled to his retirement account and the income from the rental properties if they were acquired during your marriage. It is essentially re-doing the property division aspect of your divorce and is the ony way you will get your fair share of the community property acquired during your marriage.
Answered on Sep 30th, 2013 at 4:07 PM