Once a divorce is final, can you later go back and ask for the husbands 401k that you were entitled too? Reason being, I agreed during our separation with my husband whom at the time was very nice, and agreeable on both ends... mine and his, for the divorce, but I agreed with him that I would not ask for half the 401k that I was entitled too. On the grounds of him convicing me that if I would wait till after the divorce was final, he had plans on removing all the money from the 401k, and that he would split it with me then, and we would then pay off the marital debt, i.e... credit cards. Well the divorce is now final, and guess what, he is drawing the money from the 401k, but not putting it on the credit cards, he is going to medical school. And guess who is now left with the marital debt, in which she is struggling to pay. And to top this off, he is taking me back to court, for contempt of the divorce agreement, in which I am late paying these bills that yes do have his name on them. So, can I go back and ask for half of the 401k?? Will this all be looked at as hearsay as to what he told me?? Am I just up the creek without a paddle? PLease help

You might have a mess on your hands. Tell us what state you are in and you'll get a better answer.

Just as a start, you should look at what provision was made in the divorce for disposition of the 401(k). If it wasn't mentioned, you probably can go after it. If it was disposed of you may be up a creek, depending on how long it's been since the decree was entered. Sometimes disso judgments can be set aside if you act promptly after they become final.

If you are in California I can give you a detailed answer. Elsewhere, I can only give you some general ideas of how to approach this.

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Originally Posted by cadillac59

You might have a mess on your hands. Tell us what state you are in and you'll get a better answer.

Just as a start, you should look at what provision was made in the divorce for disposition of the 401(k). If it wasn't mentioned, you probably can go after it. If it was disposed of you may be up a creek, depending on how long it's been since the decree was entered. Sometimes disso judgments can be set aside if you act promptly after they become final.

If you are in California I can give you a detailed answer. Elsewhere, I can only give you some general ideas of how to approach this.

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I am in Virginia. And my divorce was final the end of March. The 401k was mentioned in my divorce as we would neither one draw from the 401ks.

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Originally Posted by parrish12345

I am in Virginia. and my divorce was final the end of March. The 401k was mentioned in my divorce as we would neither one draw from the 401ks.

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If the 401(k) was mentioned, how was it to be divided?

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Originally Posted by cadillac59

If the 401(k) was mentioned, how was it to be divided?

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Verbatum it says: Each of the parties herby waives any claim he/she may have to the retirement/pension of the other. Here is the thang, I did not have any retirement during our marriage, he did. And the only reason I agreed to not touch it was based on what he told me prior to the divorce that he was going to draw out the 401k and pay off these bills, and now he gets the 401k in June, but is putting it towards medical school in all places the Bahamas?? And has the nerve to get me for contempt of the divorce by being late on paying these bills. I just wonder do I have any ground to stand on at all here, or really has he pulled the wool over my eyes and taken me for the fool.

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Originally Posted by parrish12345

verbatum it says: Each of the parties herby waives any claim he/she may have to the retirement/pension of the other. Here is the thang, i did not have any retirement during our marriage, he did. And the only reason i agreed to not touch it was based on what he told me prior to the divorce that he was going to draw out the 401k and pay off these bills, and now he gets the 401k in June, but is putting it towards medical school in all places the Bahamas??? And has the nerve to get me for contempt of the divorce by being late on paying these bills. I just wonder do i have any ground to stand on at all here, or really has he pulled the wool over my eyes and taken me for the fool.

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Sounds like you got the wool pulled over your eyes. You waived your interest in his retirement. I suppose you might try to argue that "retirement/pension" only means a defined benefit retirement plan, but that's kind of a long shot.

Talk to a local attorney about trying to set aside the judgment. Sounds like it might be a problem.

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Originally Posted by cadillac59

Sounds like you got the wool pulled over your eyes. You waived your interest in his retirement. I suppose you might try to argue that "retirement/pension" only means a defined benefit retirement plan, but that's kind of a long shot.

Talk to a local attorney about trying to set aside the judgment. Sounds like it might be a problem.

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What do you mean, set aside the judgement?? I apologize I am not too good at law and any thang legal

[QUOTE=parrish12345;1728574]what do you mean, set aside the judgement?? I apologize I am not too good at law and any thang legal[/QUOTE

When you signed off on the divorce the agreement was submitted to the court and became a judgment. Judgments can sometimes be set aside on a number of grounds. In California, for example, a judgment can be set aside within 6 months of its entry on the basis of surprise, mistake, excusable neglect or within 1 year for what is called "mistake of law, mistake of fact." In California you'd stand a very good chance of setting aside the judgment if not more than a year has passed since its entry.

There are other reasons as well, such as fraud, which can form a basis to set aside the judgment if the request for the set aside is made within one year of discovery of the fraud.

That's why you need to look into talking with an attorney in your state to see what grounds there might be to set aside the judgment, if any.

Divorce finale 8/11/2011. Wife was aware of 401K. Didn't want it. California. Can she go back and get it.