Legal Question in Family Law in New York

401-k

My fiance' has been divorced for 4 years now. His ex-wife now is taking him back to court for 1/2 of his 401K - the divorce agreement stated 1/2 of a pension - which he did not have - this is different - they were married for 9 years. She clearly knew about the 401K - he did not contribute to it - it was done by his company - she also received copies of his W-2 every year per the custody agreement which had that info on it. Can she really come back after 4 years of divorce and get more money from him?


Asked on 5/04/05, 8:14 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: 401-k

It depends upon the specific wording of the divorce Findings of Fact, Conclusions, Judgment; and Settlement Stipulations, Disclosures and Waivers (if any), whether the Ex spouse is entitled to an interest or share of the 401K.

So, the answer to your question is MAYBE, MAYBE NOT.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 5/04/05, 1:22 pm


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