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401K divorced spouse rights


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Posted

My ex-husband lives in the US. I live in the UK. Thanks to this board I have now extracted details of his 401k plan and established my right to it as his spouse. However he did not declare my name on the plan even though I was married to him when it was taken out. Four days after the divorce another person was named on the plan. Numerous other things were not declared and the court order was not met in its entirety. I have been lewft in dire financial straits. Is there any way of retrieving my entitlement to the plan? As the Human Resources director my ex-husband was responsible for over-seeing the company plans.

Posted

The divorce was granted in the UK. Thanks for the reply.

Posted

Since the divorce ws granted in the UK, UK law governs and any changes or reopening of the divorce would have to be by a UK court.

mjb

Posted

Thanks for the reply. The 401k plan was not disclosed to the Uk courts although there was a strict stipulation that it should have been.Various other assets were not disclosed but the 401k plan is the crucial one. The Uk court can do nothing about this.

Posted

I dont see how a US court could assume jurisdiction in the case since a final decree was issued in UK. US courts generally defer to court decisions in other countries which have the same legal system as the US. I dont see how a US court could change the UK divorce decree.

mjb

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