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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My question is:what shall I do ? I filed for divorce in 2003

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My question is:what shall I do ?
I filed for divorce in 2003 and it was final in 2004.
Part of the judgement was my spouse gets half of my retirement and I get half of hers.
I will retire soon and have worked for the same government job for 25 years.
However, she has had over seven jobs during the marriage and not a basic retirement system. Some rolling 401k and she spent the entire withholding from one prior job.
How do I find out and aquire the money due me, when in fact mines is all in order at one place.

Thank you for your question. There are two ways to go about finding the information you need. Because you are going to be enforcing a divorce decree, you can petition the court to allow you to have post judgment discovery where in you could send legal requests to your wife to disclose her past jobs and her 401Ks, obtain a waiver so that you could order her social security and tax records to independently verify where she has worked, and then subpeona her past employers to get the information regarding any existing retirement accounts and any companies holding her 401ks to determine the value of the accounts.

The second way would be to request her assistance and trust that she is providing you with the proper documentation.

The first method is obviously preferrable, but will cost you some money in attorneys fees and costs. Or it might be covered by the legal insurance policy.

Please let me know if you need further help on this issue.

Best Regards,
Customer: replied 3 years ago.

I read your reply and got the information I needed. Your advise is excellent and helpful to me.
I'm very glad I was able to help. Please remember to rate me positively so I might be compensated for my work.

Please let me know if there is anything else I can do for you.

TexLaw and 8 other Legal Specialists are ready to help you

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