Tampa, FL asked in Arbitration / Mediation Law and Divorce for Florida

Q: Live in Florida. Divorced in Florida 2014. My wife filed and didn't put her 401k down. Do I have still rights to it.

I left the house to her and car. 401k was built up while I was paying the mortgage.

She didn't list it on the divorce agree

1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
  • Hollywood, FL
  • Licensed in Florida

A: You need to look carefully at your marital settlement agreement. If you knew about the 401k when you got divorced then you had an obligation to bring it up. On the other hand, if she hid it from you then you might have a case for fraud. Finally, seven years later is a long time and may be held against you, either way.

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