How canI modify my 15 year old divorce decree?

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How canI modify my 15 year old divorce decree?

I recently tried to transfer my 401k funds to another account and could only do half. My divorce decree did not define our 401k/retirement plans. Ex has her own 401k and I need to amend/modify our decree so that we are entitled only to our own individual accounts. is this possible and if so, would it be modified from the date of divorce or date of the modification.

Asked on February 18, 2011 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

And your settlement agreement did not address it either, correct?  You need to bring a motion to modify the decree to request that you each be given the right to own your 401 K's outright and stating that neither is entitled to the others.  I would see if you and your ex could enter in some type of agreement waiving your right to her 401K and her right to yours so that when you go before the court it is easy for the Judge to decide based upon the agreement between you.  She is willing to agree, correct?  Make sure of that before you start this whole process.  Good luck to you.


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