Stuart, FL asked in Divorce and Family Law for Florida

Q: Divorced in Florida in 2008. In the division of assets list for a 401k never transferred

In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not addressed above shall be the sole property of the party to whom it is titled.

The account was never in her name, only mine. Last week, 17 years later, she has contacted me to transfer the account to her.

There is another 401k(company Z) that was to be split as 50/50 for the marital portion. I am in contact with my plan administrator to complete a QDRO to split this asset.

Who does the account for company X belong to after all this time? Am I legally obligated to transfer this account to her?

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Hollywood, FL
  • Licensed in Florida

A: What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.

Michael Ferrin
Michael Ferrin
  • Orlando, FL
  • Licensed in Florida

A: Given there is contradicting language in the agreement, in the event litigation arises from these issues, the court may allow you to present evidence to support each of your intent when the agreement was executed. This can be emails, text messages, testimony, etc. Just as Mr. Lieber stated in his response, I would recommend keeping it for now if it was each of your intents for you to have it originally and let her litigate the issue if she wants to fight for it.

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