Is the additional retirement assets discovered after the divorce was finalized covered by my divorce agreement, and should it be split 50/50?

Question

Divorce was final last December.  Retirement assets were listed in the agreement and were split 50/50. Each party warranted that the listing was total of all retirement benefits. I just found out my ex has an additional $100,000 in retirement assets that he said he didn't know about.

Cathy Cook · Answer

You need to contact an attorney immediately.  If you file within one year of decree, you can pursue assets that were not disclosed, whether intentionally or by mistake.

Conard Brown · Answer

You are probably entitled to half but the law is complex in this area so you need to retain an attorney.

Harry Roth · Answer

You may have hit the jackpot. At least half of that is yours and he has to pay all of the attorney fees, his and yours to arrange for the split. If you can prove he hid it from you on purpose and it was not just an oversight, you may be able to get it all. Right now, this moment, prepare and file a joinder bringing the omitted retirement plan into the dissolution case. That will prevent him from going south with the money just ahead of you and force the retirement company to continue to hold the money until there is a court order or a written agreement of both.

Barbara Peyton · Answer

Yes.  Omitted assets need to be divided as though they were handled in the divorce.  The best move is to file a request for orders with the court to request the asset be handled.

John Kirchner · Answer

Because you don't indicate what state the divorce occurred in only a general answer is possible, you will need to contact an attorney where you live to find out what your options are in reopening the case. Generally, most states will allow reopening of the property decisions based upon a failure to disclose assets, especially if it can be shown that the omission was a calculated intent to defraud.  However, there may be time limits that restrict the reasons that will permit reopening.

Melvin Franke · Answer

You have to file a motion to deal with those undistributed assets.

Leonard A. Kaanta · Answer

Yes they can.

Frances Headley · Answer

If an asset was later discovered or was hidden by one spouse and thus not divided then you can reopen the Judgment and divide the asset.  How it will be divided will depend upon how much of the asset is determined to be community property.  The community portion will be divided 50/50.

Erin Farley · Answer

Carefully read your divorce agreement - it should mention how undisclosed assets will be divided. In general, they would be split. If you can show that he willfully hid the assets, you might be entitled to all of it (this is tough to prove, you need an attorney). This amount is worth the price of an attorney to assist you.

Joanna Mitchell · Answer

If you are in agreement, then you can do a joint stipulation for an addendum to the original final judgment, in order to deal with the additional retirement monies. If you are not in agreement, you will need to file a motion with the court in order to address the issue. You should consult with an attorney in order to best determine how to proceed.

Monica H. Donaldson Stewart · Answer

Generally speaking, an after-discovered asset is treated as joint property, and is still to be equally divided. If your ex agrees to the division of this asset, then it should be a simple matter of submitting paperwork to reflect the division of the asset; however, if he refuses, you might need to involve the court. I recommend you consult with an attorney to discuss this matter in greater detail.

Anne Howard · Answer

You need to get an attorney to go back to court to ensure these assets are equally divided and ask for attorney fees. If he tried to defraud you you could get more than 50 percent  Opinion only not legal advice.

Janis Blough · Answer

You should seek to reopen the Judgment, at the very least for a mutual mistake  of fact.? If the newly-discovered retirement account was accumulated during the  marriage, you should be entitled to half of it.? Even if he was unaware of the  account, if it is a marital asset, it is divisible in the divorce, and you  should be entitled to 50%, though there will be a cost to enter a QDRO to divide  it.

Michael Paul Vollandt · Answer

In California you can file a RFO for an omitted asset and the Judgment can be modified to include the retirment benefit and it should be split 50/50 of the community interest.

John Brennan · Answer

The cheapest way is to agree to split the additional assets 50/50 and enter that and a QDRO with the court.

Tajara Dommershausen · Answer

It depends how it is written...did it say all retirement accounts, did it list them individually.  If it said all, they should be divided 50/50.  If it wasn't listed, you need to file a motion to modify judgment.  You could end up with the entire thing as a penalty for his non-disclosure.

Dennis Leffert · Answer

This sounds as if you ought to go back to Court and ask the Judge for an Order dividing that additional $100,000.

Theodora B. Fader · Answer

Depending upon the language in your divorce judgment and when you discovered the asset, you may have a basis for a motion to reopen the property division.? You should consult with an attorney immediately to determine what options you have, if any, with regard to the undisclosed retirement account.

Eric Lumberg · Answer

You can claim this asset as marital property and split it. Further,  if you feel that it was hidden you may have a claim for the entire amount.

Robert De Groot · Answer

Time is running out to file a motion to set the agreement aside based upon fraud. Get an attorney immediately, that retirement account may well be half yours. He didn't know about the account? That is incredible.

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Is the additional retirement assets discovered after the divorce was finalized covered by my divorce agreement, and should it be split 50/50?

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