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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> pension
Oct 30
2009

Ask A Lawyer: Can I Stop My Wife From Taking Half Of My 401K?

Posted by pmcmahon in pension , Legal Strategy , Cordell Cordell, PC , Claudia Weaver , Ask A Lawyer , 401K

Question:

Is there anyway to stop my wife from getting half of my 401K and pension?

 

 

 

Nov 29
1999

Ask a Lawyer: Is an ex-wife due pension benefits when divorce was before I was vested?

Posted by Dads Divorce in Rules , retirement , Procedures , pension , Modification , LA , investment , decree , Ask A Lawyer

Question:

My ex-wife of over 21 years is seeking part of my retirement pension--even though at the time of our divorce I was not yet vested in the company plan. We were married for 8 1/2 years, 8 of them with me working at this chemical company--it took 10 years at that time to become vested in the plan. Now she is seeking "her" part of my retirement, all these years later. Can this be possible?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Louisiana. In my jurisdiction, you can seek to modify property division years later. Was she awarded any portion in your divorce? I suggest you verify that she was not awared any interest. Otherwise, it should be too late for her to go back to the Court and request a share.
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