Legal Question in Family Law in Kentucky

Marital Assets/Hidden 401 K

During my wife's divorce, which was final last summer,

she and her ex-husband was asked about marital

assets, etc., including 401K accounts. None was

disclosed. Since that time we have discovered that he

has caashed in a 401K totaling $16,000. Would my wife

have been entitled to half of this? Is he still liable for it,

or did he simply pull one over and get away with it?


Asked on 2/10/04, 5:04 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Marital Assets/Hidden 401 K

if the ex-husband failed to disclose this asset, the case can under certain circumstances be re-opened. Depending upon how the 401K was accumulated, she might be entitled to a portion. She really needs to speak to her attorney for specific advice. For example, they may have agreed that retirement accounts belong to the respective parties, etc. Get advise from someone who can look at the file and your evidence.

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Answered on 2/10/04, 5:22 pm


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