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  1. #1
    Join Date
    Oct 2017
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    1

    Default Can My Ex Get My 401k

    I was served papers saying my ex is sueing me for my retirement , we have been divorced for 2 years 11months , she has not payed child support for 2years , I have not reported her for not paying child support but can I still go after back child support , would she have a chance with never paying child support , she threaten to take my son after I wouldn't sign the properties over that I won in the divorce also I did sign it over finally

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Can My Ex Get My 401k

    Quote Quoting Trap_344
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    I was served papers saying my ex is sueing me for my retirement , we have been divorced for 2 years 11months , she has not payed child support for 2years , I have not reported her for not paying child support but can I still go after back child support , would she have a chance with never paying child support , she threaten to take my son after I wouldn't sign the properties over that I won in the divorce also I did sign it over finally
    I am sorry, but that was a bit disjointed and I am unclear as to what is going on...particularly the bolded. I can tell you that child support and property settlement matters are two completely separate things.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Can My Ex Get My 401k

    Quote Quoting Trap_344
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    Can My Ex Get My 401k
    Not if you grow a spine, get a lawyer and stand up to her.

  4. #4
    Join Date
    Oct 2006
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    16,474

    Default Re: Can My Ex Get My 401k

    Quote Quoting adjusterjack
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    Not if you grow a spine, get a lawyer and stand up to her.
    That would be true if the divorce decree specifically awarded the 401k to the OP. It would be a different story if the 401k was divided in the divorce and the OP was not cooperating with that because mom wasn't paying child support. The OP really needs to be clearer about what is going on.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can My Ex Get My 401k

    Quote Quoting llworking
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    That would be true if the divorce decree specifically awarded the 401k to the OP. It would be a different story if the 401k was divided in the divorce and the OP was not cooperating with that because mom wasn't paying child support. The OP really needs to be clearer about what is going on.
    I agree that it depends a great deal on what happened during the divorce proceedings and what, if anything, the court decided with respect to the § 401(k) account. The OP needs to provide some more information on that to get much in the way of helpful comments.

    (By the way, it is not a 401k, 401K, or any of the other variations I have seen people use; it is properly written as 401(k) as it is IRC § 401(k) that provides the rules for these accounts.)

  6. #6
    Join Date
    Jun 2010
    Posts
    671

    Default Re: Can My Ex Get My 401k

    Unless it actually IS 401k, i.e. $401,000...

  7. #7
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Can My Ex Get My 401k

    This same poster posted different details in a different neighborhood that stated the 401k was not part of the divorce decree:
    "I got divorced 2 years 11 months ago and I got served paper a month ago and she is going after my 401k and she has not payed child suport in 2 years also the 401k was not on the decree so she is claiming I tried sneaking it past her which I didn't "

    And was answered there -- but yes, if it was not settled in the divorce decree and the 401(k) assets were earned during the marriage, the spouse (in Texas per the other message) does have the right to some of the 401(k) unless it was traded for other assets.

  8. #8
    Join Date
    Dec 2013
    Posts
    27

    Default Re: Can My Ex Get My 401k

    Since you are already being served, then i guess it's safe to assume no time limit has passed on her pursuing this?

    If you didn't disclose it and she convinces the judge that you didn't disclose it, then yes she will prevail -- and maybe get a lot more if you are found to have intentionally hid it from her. You MAY be a little lucky in that unlike some states, Texas doesn't have a hefty penalty in statute (e.g., twice the fraud amount) but leaves it up to the judge, who of course could decide to really throw the book at you. Source: http://www.statutes.legis.state.tx.u...A/htm/FA.7.htm

    If she sees this through, you likely can't avoid giving her half if the 401k wasn't mentioned in the decree at all. However, you may be able to avoid a penalty IF you really didn't hide it. I find it hard to believe she wasn't aware of your 401k... after all, she knows to ask about it now. You need an attorney to tell you what will work here, but I would imagine there is something you can produce (e.g., signed beneficiary form) to support your argument that she was aware of its existence and that you didn't intentionally hide it, and the only mistake here is you BOTH forgot to include it in the decree.

    But unless your decree lists your 401k as an asset that will not be split, then you're almost certainly going to have to give her half now.

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