More details to this question:
When we filed for divorce there was no division of assets or debts. Unknowingly I did not select to relinquish his rights from my 401k either. Can I amend my papers to keep my 401k and if he changes his mind now and wants it, can I fight to keep it?
1 ANSWER
Judd S. Nemiro
This depends on many different factors. You can file to amend the divorce decree, however the timelines to do that are 15 days after the order. It sounds like there has been more time from the order to today. Your best bet now is to wait and see if he attempts to contest the 401k not being distributed. It will be an uphill battle for your ex-husband because undoing a Court order is always difficult no matter what the reason. It also sounds like you and Husband did the divorce on your own, and that would require signatures from both of you on the consent decree, so that makes it even harder for Husband to undo the order because he already agreed on the divorce terms as they are ordered now.
Answered on Feb 10th, 2015 at 6:10 AM