How do I find out about my ex-husbands 401k account

[kitkotler]

My ex-husband lied during our divorce and said he did not have a 401k plan. He did. When we divorced after 25 years of marriage he took our 3/4 of a million dollars and dropped it off overseas two weeks before the divorce hearing, so I got nothing. I am now 62, and have no retirement funds. We divorced in Ohio-a community property state, so I was entitled to 50% of his 401k plan. How do I find out even the basics about the account? Do I contact his old employer and do they have any obligation to speak to me or provide information? What about the Department of Labor? How can I determine the existence of his 401k account so I can obtain my half? I cannot afford an attorney.

[Lou S.]

The Plan almost certainly will not talk to you.

You need an attorney in this matter if your husband is in fact hiding assets as you suggest.

[My 2 cents]

I do not practice in that area, but if you can get the DOL behind you, they could be a formidable ally.

How about checking with a federal or state prosecutor? It sounds like criminal fraud (with a side of perjury) to me.

[Bill Presson]

What about the attorney that helped you during the divorce? If they didn't do their job then, they should help now. Or they might need to be sued for malpractice. That's not something an attorney should have missed.

[jpod]

I think attempting to get law enforcement involved is probably the worst thing to do, at least as a first step. She needs a lawyer to start applying pressure, maybe a not-so-veiled threat of contacting law enforcement would be a part of it, but her first concern is to get the money if she's entitled to it.

[austin3515]

You did not mention how long ago you were divorced, but it sounds like it was long ago. All I can think of is subpoenaing his tax records from the IRS so you can see if he received any distributions. But you need an attorney for that, but perhaps they will work on a contingency basis.

[Mike Preston]

Ohio has many legal aid societies. Contact one of them. They may be able to help.

[RatherBeGolfing]

Another vote for get an attorney. I know you said you can't afford one, but this is one of those cases where you really have no choice, you need legal representation. Many attorneys will give you a free initial consultation, at the very least you should take advantage of that and see what they say.