One Year and One Day


#1

If only divorce is filed and no ED by either party, does my stbx have rights to my 401K after a year and a day passes? How long after the divorce is filed can you file a claim for ED? If I file for both divorce and ED on one year and one day how long does my stbx have to file ED or is it even necessary for them to do that?


#2

****I am not a lawyer.

My understanding is that if you file for divorce and do not ask for ED, then your stbx would need to ask for it (if he/she wants ED) in the response. If the divorce is finalized with no claim for ED, then that’s it. End of story, you each lose your right to ED. However, if you ask for it in your divorce papers, or if the stbx asks for ED…as long as it is requested Before the divorce is final, then ED remains open until it’s settled.

But the divorce being finalized is the deadline, so to speak, for asking for it. No request by either party + divorce finalized = No ED claim can be filed after that point.


#3

The year and a day is not the cut-off for ED. Your ex will lose the right to make a claim for the distribution of property once the divorce decree is entered, unless they file a claim for ED prior to the divorce being entered.


#4

What is the cut-off for ED?


#5

The claim must be filed prior to divorce, so long as a claim is pending there is no cut-off.


#6

Thanks for the replies Erin.

If divorce is filed and no ED claim has been filed does he still have rights to my 401K?


#7

A claim for ED can be filed any time prior to the divorce being granted, not filed.