Divorced

[sabuchholz]

What is the name of your state (only U.S. law)? Florida

I have been divorced for 8 years, i pay child support, our son turns 18 in October. I could not afford an attorney, i did not want our kids see us fighting during the divorce, i signed a QC, i left with nothing, because he threathend me verbally and i was intimidated, i got nothing, however, i just found out that i am entitled to half of his 401K, if this is true, can i still get it after being divorced for 8 years? (please note that i just got married 2 months ago), i don't know if this will factor into the equation

 

[seniorjudge]

You gave up all rights to that in the lawsuit.

 

[mistoffolees]

You gave up all rights to that in the lawsuit.

Unless she could show fraud.

I can think of one scenario where she might be entitled to something after the fact:
- Court orders full disclosure of financial circumstances
- Husband fails to disclose 401K and has somehow never told his wife about it
If she discovered it later, she could file for the marital portion.

There's nothing in this story that indicates that this has happened, but I just wanted to point out that it's not ALWAYS going to be the case that you can't go back later.