My friends have been divorced for 10 years and the wife remarried. In their divorce decree it specifically states that the wife forfeits all rights as a beneficiary of 401k. The husband never changed the beneficiary information and the wife went up and took his 401k. Can the children get it back from her?
1 Answer from Attorneys
The answer probably hinges on whether the 401(k) was a Federal plan or a private plan. If it was a Federal plan, the children may be barred from recovering from the former wife.