Legal Question in Family Law in Wyoming

Divorce and 401k

I am recently divorced. The divorce was granted in Wyoming, and I currently live in NY. My ex-husband has physical custody of our two children. I was also granted half of my ex-husbands 401k. I was informed by an attorney that if I accept the 401k money that I accept all the terms of the divorce and I will not be able to re-open the case to gain physical custody of my children. I need to know if that is indeed so.


Asked on 8/31/08, 9:18 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Divorce and 401k

I cannot comment on WY law, only in NY.

Children are are separate issue than property. You can always re-visit the issue of physical custody. The Court looks at the best interest of the child.

Mike.

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Answered on 8/31/08, 10:06 am


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