Can his divorced wife go back to court to try and get his 401K? How? 13 Answers as of June 09, 2015

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.

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
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.
Answer Applies to: Florida
Replied: 6/9/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
It would be very hard to do after the divorce judgment has been entered..its unlikely she would prevail in an attempt.
Answer Applies to: Michigan
Replied: 6/8/2015
Diane l. Berger | Diane L. Berger
The only things modifiable are child support, alimony and custody. You can not modify a property settlement agreement.
Answer Applies to: Nebraska
Replied: 6/8/2015
Law Office of Robert E McCall | Robert McCall
Impossible to answer without a complete review of the prior file, Settlement Agreement and Final Judgment.
Answer Applies to: Florida
Replied: 6/8/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You should consult with an attorney and bring them the court order. Was there a specific waiver forever?
Answer Applies to: California
Replied: 6/8/2015
    John Russo | John Russo
    No she cannot if the divorce is final and the 401k?s were disclosed during the discovery process and the parties waived all right title and interest at that the time of the hearing on the merits. Thats the Law in R.I. and many other jurisdictions as well.
    Answer Applies to: Rhode Island
    Replied: 6/5/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If the final decree is entered, I don't see a basis to make a change if the 401(k) was disclosed.
    Answer Applies to: Washington
    Replied: 6/5/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    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.
    Answer Applies to: Nebraska
    Replied: 6/5/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Since The issue was resolved in the original divorce decree, it seems unlikely that she would be able to pursue this claim. The safest bet would be to have the divorce documents reviewed by an experienced family law attorney.
    Answer Applies to: California
    Replied: 6/5/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Yes she can, however, there would have to be material and substantial evidence of circumstances warranting a change.
    Answer Applies to: Florida
    Replied: 6/5/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 6/5/2015
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