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Can an ex try to file his ex'es 401 K after they have been divorced 15 years?

When they got divorced and she begged & pleaded please don't mess with my 401k so he didn't.

Years go by and she decide to be a witch to him he is doing all he can for his kids.

Well at the time my dh was just trying to be civil about the divorce but after he was done with it he could have maybe got half of her 401k but she asked him not to mess with it so he did not.
So now that he's done paying CS...Can he go back and see if he could get something from that 401k for the duration they were married? Thank u!!!

Answer Question

Asked by Anonymous at 3:21 AM on Jun. 20, 2013 in Just for Fun

Answers (10)
  • I doubt it. Why would he want to do that. My thought on it is. He should have got it when he was divorcing her.
    My mom did something like this when she divorced my dad. She could have got some of a retirement check. But at the time she was not thinking of retirment. She was only in her early 40's. Now in her late 60's she wished she would have tried for the retirment check.

    Answer by louise2 at 6:50 AM on Jun. 20, 2013

  • He can always ask a lawyer about it.

    Answer by louise2 at 6:51 AM on Jun. 20, 2013

  • He can try but I doubt he can get anything since once a divorce is final and the property agreement signed that is the end of it is my understanding. Besides some of what is in the 401K was put in after the divorce so it would be hard to figure out what was there before and what was there after. He should have gone after it then if he wanted it.

    Answer by Anonymous at 7:34 AM on Jun. 20, 2013

  • I highly doubt it, especially since it sounds like his reason is just basically revenge.

    If he wanted it, he should have asked for it then. They've been apart 15 years. I don't see a judge trying to figure out what was there 15 years ago and how much he would be entitled to.

    If he's done paying child support, then he only needs to interact with her at things like weddings, birthday parties and holidays. I would suggest that he simply limit contact and move on.

    Answer by wendythewriter at 7:36 AM on Jun. 20, 2013

  • He can try, but I seriously doubt a judge would give it to him.

    Answer by kmath at 8:36 AM on Jun. 20, 2013

  • so why does he want to be an ass now and do it? Just because she was a bitch to him? Wow what a grown up thing to do.

    Answer by LostSoul88 at 9:14 AM on Jun. 20, 2013

  • Like the others said, he can try but probably won't be successful. That should have been worked out in the original divorce decree.

    Answer by QuinnMae at 10:22 AM on Jun. 20, 2013

  • It's best to leave it alone.

    Answer by virginiamama71 at 11:45 AM on Jun. 20, 2013

  • Leave her freakin 401K alone. What are you an evil biatch???

    Answer by m-avi at 1:30 PM on Jun. 20, 2013

  • Were they married for over 20 years? Has either remarried? If the answer to the first is yes, and the second is no - then it is not the 401k the ex can go after, it is the ex-spouse's social security benefits.

    Answer by tasches at 7:29 PM on Jun. 20, 2013

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