How canI modify my 15 year old divorce decree?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How canI modify my 15 year old divorce decree?
I recently tried to transfer my 401k funds to another account and could only do half. My divorce decree did not define our 401k/retirement plans. Ex has her own 401k and I need to amend/modify our decree so that we are entitled only to our own individual accounts. is this possible and if so, would it be modified from the date of divorce or date of the modification.
Asked on February 18, 2011 under Family Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
And your settlement agreement did not address it either, correct? You need to bring a motion to modify the decree to request that you each be given the right to own your 401 K's outright and stating that neither is entitled to the others. I would see if you and your ex could enter in some type of agreement waiving your right to her 401K and her right to yours so that when you go before the court it is easy for the Judge to decide based upon the agreement between you. She is willing to agree, correct? Make sure of that before you start this whole process. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.