Legal Question in Family Law in California
divorce settlements with retirement savings plans
My ex-husband did not disclose 3 retirement savings accounts in the MSA. Divorce was final 10/08 but the one account he disclosed has not been split yet. What procedures do I follow to address these 3 hidden accts so that they can be split?
2 Answers from Attorneys
Re: divorce settlements with retirement savings plans
If the retirement accounts were not disclosed they can still be divided upon your motion. If the court finds that he deliberately hid the accounts or failed to disclose them, the court can award the accounts to you 100%. I would suggest that you have an attorney on this as it is not an easy, slam dunk motion. I would probably take the case at a lessor retainer because of the prospect of getting the fees from him. I would need to look at all of the facts, including the MSA, and his declaration of disclosure, before giving you a more complete opinion. You may call my office and tell the person setting the appointment that I offered you a free consultation. Good Luck, Pat McCrary
Re: divorce settlements with retirement savings plans
Have the MSA set aside due to fraud. Coontact me directly.
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