If I’ve been divorced for 2 years and the divorce was uncontested, cn my ex now get half of my retirement account?

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If I’ve been divorced for 2 years and the divorce was uncontested, cn my ex now get half of my retirement account?

Asked on August 22, 2012 under Family Law, Delaware

Answers:

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

Answered 8 years ago | Contributor

Was there a property settlement agreement when you divorced?  One that stated that you each waived your rights to the retirement accounts of the others?  Was there any order as to property distribution at all?  If not then maybe yes.  The issue had to be addressed in some way or if the account was not disclosed then maybe she has a right to open up the proceeding and set aside the order.  Good luck.


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