Can his divorced wife go back to court to try and get his 401K? 1 Answers as of December 12, 2010

My husbands exwife 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.

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Generally, a property settlement is final and not modifiable. Obviously, there could be facts and circumstances to justify an attempt to re-open the property issues, but simply having a change of
heart is not sufficient. Nothing will keep her from trying; but, until you know exactly why she believes she should be able to do so, it isn't possible to speculate about her chances for success.
Answer Applies to: Colorado
Replied: 12/12/2010
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