QUESTION
Is there any way to re-visit my spouse $401K plan during the time we were together after our divorce is final?
Asked on Feb 16th, 2014 on Divorce - California
More details to this question:
I am disabled mainly because of (2) major strokes that incurred in 1994 & 2005. I have not been able to make a rational decision since. I divorced in 2010 left everything in my house except my clothes. I had contributed evenly to this marriage. I paid for all (3) vehicles we had owned, bought all clothing for both of us, paid for all the groceries and dining out did the grocery shopping while holding a full time night shift job, purchased cigarettes and beer for my spouse and paid for all gifts for (14) years. This also includes many hours of labor installing rivets on his plane. At the time I filed for divorce, I felt guilty because I was the one to leave. I only asked for 1/2 of equity in our house which was $28,000. My question is: After a divorce is final, is there any way to re-visit his $401K plan during the time we were together. The decision I made previously was very unfair for myself.
8 ANSWERS
Domestic Relations Law Attorney serving Taylor, MI
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Belanger, Paul, P.C.
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When was it final? 21 day appeal limit. Was it a Consent Judgment. Difficult if was. Were you represented by Counsel.
Answered on Feb 19th, 2014 at 11:18 PM
4 Awards
No. After the divorce is final, the issues of property and debt division cannot be reopened.
Answered on Feb 19th, 2014 at 11:18 PM
Heidi Glaser
Most likely not unless the 401(k) was omitted from the Judgment. Depending upon the terms of your Judgment you may be able to ask for spousal support though.
Answered on Feb 19th, 2014 at 11:18 PM
Unless the court retained jurisdiction over the plan in the final judgment, you can not now seek to modify it.
Answered on Feb 19th, 2014 at 11:17 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Based on what you say here I do not think you have enough to reopen the Final Judgment. You should have an attorney examine the documents for a formal opinion.
Answered on Feb 19th, 2014 at 11:17 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Unfortunately judgments are intended to be final very quickly so it is very unlikely that any attempt you make to overturn the settlement will be fruitful.
Answered on Feb 19th, 2014 at 11:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I am not aware of any ability to revisit a final divorce decree after 3 years. I suppose if you had discovered fraud on the court in the last couple of months maybe, but even that would be a long shot.
Answered on Feb 19th, 2014 at 11:13 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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It depends upon whether the 401K plan was disclosed in the financial disclosures and awarded in the Judgment. If the 401K plan was not awarded in the Judgment, then a motion to adjuducate the 401K plan as an omitted asset can be filed with the Court and divided.
Answered on Feb 19th, 2014 at 11:01 PM