Legal Question in Family Law in Florida
401k & divorce
I am incarcerated, and while incarcerate I divorced my spouse of 13 years, however, I have been informed that I have legal rights to half of her 401K, what is my first step to obtaining this, I would like to get the ball rolling asap.
2 Answers from Attorneys
Re: 401k & divorce
You just need to file the appropriate motions and everything from the begining had to be done right. Contact my office and I can help if you would like.
Re: 401k & divorce
If she properly disclosed her 401(K) in her financial affidavit or you were otherwise aware of it during the divorce, you probably have lost your right to your portion of her 401(k). If things aren't brought up during a divorce, they are assumed to be waived. You need to speak to a divorce attorney right away.
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