Eagle, CO Divorce Law Firms & Lawyers

You don't have to prove he owed you a fiduciary duty, that is presumed. If this was within 5 years, you may be able to undo the property and child support and a maintenance can be changed any time.

You have to have a Qualified Domestic Relations Order prepared. This is an order, signed by a judge, that gets sent to your husband?s company (or the company that handles his retirement account), that will prompt them to divide the retirement account so as to give you your 30% share. You must retain a certified public accountant to prepare the Qualified Domestic Relations Order. There is a fee associated with this of which is usually around $500, but it can sometimes be paid out of the proceeds of the retirement account. Generally, the parties to the divorce share this cost equally, but you must look at what your divorce agreement says. Once the CPA prepares the QDRO, you must forward it to the judge for the judge to sign, and then you can forward it to the company. The company may require you to set up your own account to receive the funds.

If you did not get alimony in the original divorce, you cannot get it now. If you got child-support, it can be modified if circumstances have changed. An equitable division of marital property is a final judgment and not subject to being changed. Any deals apart from the court order are probably unenforceable.