Q: Would I be entitled to some or any of my ex-wife's 401K, even though I didn't ask for it in the divorce?
My ex-wife and I were married for 18 years. Our divorce was final in 2013. I didn't know that I could get any of her 401K then. Would I be entitled to any of it, now considering the divorce is final? What would I need to do if I am entitled to some of her 401K?
A: No, sorry. Some obligations remain modifiable after the divorce is over ( like alimony and child support) but the "property division" is not. Once the case was over and the appeal time expired, that division is "final" and can't be re-negotiated. Once possible exception would whether your ex-wife concealed or failed to disclose this asset or otherwise engaged in some fraud or deceit. If you can prove this information was withheld, you might have a chance. However, it sounds like you didn't have a lawyer which is a severe lesson to learn- Had you asked for it at the time of the divorce, you certainly would have been entitled to half of whatever was in the account at that time. ( It has grown since then and that growth could not be considered marital property).
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