November 1, 2009
Can a judge reach a retirement plan (401k) after a divorce is final when both parties waived interest?
RBX asked:
My ex-spouse under an MSA in California waived our respective interest in the others 401k plan. Can my ex-spouse tried to tap into my plan years after the divorce finalized?
Shamar
My ex-spouse under an MSA in California waived our respective interest in the others 401k plan. Can my ex-spouse tried to tap into my plan years after the divorce finalized?
Shamar
Comments on Can a judge reach a retirement plan (401k) after a divorce is final when both parties waived interest?
Nyla
No…
Addisyn
She waived her rights, don’t see how now she can collect…you need a lawyer!
Wendy
You need to ask a legal professional that. My opinion would be no since you are no longer married to that person. That is considered conspiracy to commit fraud.
Dylan
I don’t think so but it would be wise to get legal help. How long ago was the divorce finalized.
Tyler
No, would be my best guess..if your spouse waived their rights before the divorce was finalized, and now the divorce is finalized, he/she can’t go back and change it now. But the best person to ask would be your divorce attorney.
Amina
Nope. Has to be dealt with during the proceedings, once the divorce is finalized, it is over.
Jaycee
No. You have nothing to fear. What you agreed on, in the original divorce decree still stands.