| blueskysalways |
| (recently joined) |
| 02/07/12 08:19 AM |
Final judgment/decree we can't agree what to do?
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Ex wants life time spousal I won't agree to that. We have 4 401k accounts ex has a pension we need to split. Ex is stating we don't need a final judgment/decree to split the accounts. We just had MSC, I provided letters from my 401k plan administrators the requirements to divide the accounts must meet IRS section code 414(p). The Commissioner responded I've seen it done before without a property settlement, decree. (we have a stipulation only) We have a trial date set. Can it be done? What do you do if you don't agree on a final judgment/decree. The Commissioner decides at trial? I want to split these accounts! A prior Judge told us we need a judgment/decree to split the accounts. I have the minutes from that court date.
Divorced in CA, 5 yrs ago. Ex worked entire length of marriage quit her job filled for divorce worked very little since. Now lives with bf. Cohabitation has been proven in court. Ex 38 me 39 at end of marriage both in good health. During marriage ex made 1/3 of my wages. Asset cash and support $350k to ex since separation. No minor children. The commissioner gave me and end date to spousal ex took me back to court commissioner took off end date. Commissioner made a mistake said we need a full 4320 hearing to change spousal/end it.