If absolute divorce has been granted and there is no mention of this account, maybe being divided in the future or decided at a later date, then there is no way to go back and get this now. It will all depend on what your ED order or agreement states.

My seperation agreement was incorporated into the divorce decree.

The seperation agreement states “that the wife is entitled to and will receive one half of the proceeds in the retirement account as of feb 21, 2003. The husband agrees to do what is necessary in order to effectuate the transfer to the wife her share from this plan.”

My attorney sent his attorney a letter in August 2005 requesting his retirment info but they never responded so nothing has ever been done.

Can I still go after this money?


If you have a court order entitling you to these funds you can still pursue them.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Back in 2005 my attorney was supposed to get my X’s information regarding his retirment account at his work. My X never would get the information and his attorney never forced the issue. To date of course I have never received any money that I was entitled to.

How can I get this money? Do I have to have an attorney to get it or is there a lesser expensive way to go about it?