Virginia  |  Family Law

Legal Question

Asked on: 8/02/13, 11:19 am

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

Answered on: 8/02/13, 12:04 pm by Paul B. Ward

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.

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Law Offices of Paul B. Ward 8304 Old Courthouse Road, Suite B Vienna,, VA 22182

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