My Spouse filed for ED


#1

My divorce is final. My spouse filed for ED. If my spouse files for a dismissal of the ED, do I lose my right to file a claim against my spouses 401K and pension? Can I file a counter suit for ED?

Thank you.


#2

You are correct. If she takes a dismissal, you will have no right to any assets solely in her name. Since your divorce is final, if you file a counterclaim for equitable distribution, the court will not have jurisdiction over your claim. You should have a consultation with an attorney in your area to determine what your options are.