Q: I was divorced on 2011 my ex has stated she doesn’t want her portion of my 401k. Where do I go from here.
A: You’ll want to check your judgment. In most cases, the court will retain jurisdiction over enforcement of the judgment, and your 401k was probably divided as part of that judgment. Assuming that’s the case, you should be able to submit at stipulation and order signed by both parties that confirms the 401k as your separate property. As it probably holds some value, I’d recommend you consult with an attorney to make sure what you submit to the court will be sufficient. If it’s an uncontested issue, then I’d be happy to consult with you further.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.