Can pension / 401 be split after a divorce is final

[divorcedin01]

My no fault divorce was final in January, after 3 years and 3 months of marriage in the state of Tennessee. My spouse worked during all but the last 5 months before our divorce. She is no longer employed, but did accrue some retirement in her account. Retirement QDRO's weren't mentioned in the settlement or the final decree. My retirement accrual and income were significantly higher than hers for the same period.

Can she file a petition for modification or admendment to the divorce and force me to pay her the difference in value of the accounts and take me court?

Thanks.

 

[dorenephilpot]

Very likely not.

First, she's past the 30-day period of appeals. Reopening it now would be very, very difficult, especially if she had an attorney representing her.

In addition, you probably had a catch-all clause in your paperwork that states something about everything that each of you has that's not addressed specifically now belongs to each of you without claim by the other party. That means that if the papers didn't specifically mention your pension, then your pension is yours, and hers is hers. Period.

 

[divorcedin01]

Thanks for your response. I talked to another lawyer in TN before posting on this Bboard, and he said she had up to a year, but that it would still be difficult to reopen the case. I'd also read 30 days too from other internet sites. I couldn't find all the TN code on the internet. He said she would have to likely prove she was not capabile of understanding the document at the time of the divorce, which was difficult to do. Although, he did think the pension difference would be hers, if she pursued it. I just don't want to have to pay $$$ to go to court over this or the alimony she's says she's intitled too. I'm already doing more than what I agreed too.