Legal Question in Family Law in New Jersey

Divorce Agreement - Pension Eligibility

In my divorce agreement, my husband and I agreed not to touch each others retirement assets. This meant he couldn't have any of my 401K, and I couldn't have any of his pension. Over the last six years since our divorce, I have been forced to dip into my 401K and of course pay the taxes and penalties associated with taking money out mostly because he has not been paying his % of above and beyond costs. My retirement fund has been significantly lowered. My question is: ''Can I go back to court and request a % of his pension?''


Asked on 7/17/09, 8:23 am

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Divorce Agreement - Pension Eligibility

I can't see how you would vacate the PSA which is what you have to do here.

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Answered on 7/17/09, 10:28 am


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