Legal Question in Family Law in Virginia

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?

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

1 Answer from Attorneys

Paul B. Ward Law Offices of 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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Answered on 8/02/13, 12:04 pm

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