QUESTION
Can his divorced wife go back to court to try and get his 401K? How?
Asked on Jun 05th, 2015 on Divorce - Missouri
More details to this question:
My husband's ex-wife wants to go back to court and try for half of his 401k. Can she do that? In there divorce agreement they disclosed all 401K information and decided they would keep 100% of their own 401K plan.
10 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If it was fully disclosed and the agreement previously stated that each keeps their own, then no, she cannot go back and change that at this point. Agreements can only be set aside if there is some sort of fraud, duress, failure to disclose, etc.
Answered on Jun 09th, 2015 at 2:31 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It would be very hard to do after the divorce judgment has been entered..its unlikely she would prevail in an attempt.
Answered on Jun 08th, 2015 at 12:28 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The only things modifiable are child support, alimony and custody. You can not modify a property settlement agreement.
Answered on Jun 08th, 2015 at 3:04 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Impossible to answer without a complete review of the prior file, Settlement Agreement and Final Judgment.
Answered on Jun 08th, 2015 at 2:57 AM
Yes she can, however, there would have to be material and substantial evidence of circumstances warranting a change.
Answered on Jun 05th, 2015 at 7:10 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the final decree is entered, I don't see a basis to make a change if the 401(k) was disclosed.
Answered on Jun 05th, 2015 at 7:09 PM
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If 30 days have passed since the entry of Decree, it is final. The only way it could potentially be reopened is if a party alleges and proves fraud on the part of the other party. So, no, barring some fraud (very difficult to prove) on your spouse's part, his ex cannot do this.
Answered on Jun 05th, 2015 at 7:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will be essentially impossible to change the provisions of the property settlement except in the rarest of circumstances absent fraud, see an attorney with the details of the claim to be sure.
Answered on Jun 05th, 2015 at 7:08 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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On these facts, she is highly unlikely to prevail. Division of debt and property in a final divorce judgment is intended to be just that: final. Good Luck.
Answered on Jun 05th, 2015 at 3:48 PM
So long as 401k was disclosed in the divorce, the property division cannot be modified.
Answered on Jun 05th, 2015 at 3:47 PM