Negligent Tort?

B

BKB69190

New Member
Jurisdiction
Texas
My divorce was final on May 10th. My ex and I agree to split my 457 account. She did not ask about, nor did I volunteer any information about my hospital pension. She took the 457 account number from the final decree and called the manager to arrange for transfer of funds. He informed her of hospital pension and she is having her lawyer reopen the case. I have no problem with that. My problem is with the 457 manager. He is employed by the hospital to act in the best financial interest of the employees. Sharing information with my ex wife was not in my best interest. He is not involved with the pension plan and she had the 457 account number and was not aware of the pension, so I don't understand how it came up. Is there anything I can do?
 
BKB69190 said:
Is there anything I can do?
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You might discuss your concerns with the firm that administers the "457", or talk to the person's superiors.

Your problem is you don't know what was said.

You have heard from your former spouse, maybe, what transpired, or have assumed what happened.

A breach of etiquette may have occurred, I don't see anything actionable at law.

Plus, you and your lawyer did bear a legal responsibility and/or legal obligation to reveal the entire state of your finances and financial holdings relative to your marriage acquisitions and accumulations.

You might want to let this go, or at a minimum discuss it with YOUR lawyer first before you do anything that could harm or negatively impact you.
 
I did not have a lawyer. She drew up a proposal that I agreed with and signed. I know that she is entitled to half the pension. I was never ask about my holdings. She decided to go after the pension once the divorce was final after speaking with my financial representative about a different account. I have text messages with her saying that he was the one who gave her the information if that makes any difference.
 
BKB69190 said:
I did not have a lawyer. She drew up a proposal that I agreed with and signed. I know that she is entitled to half the pension. I was never ask about my holdings. She decided to go after the pension once the divorce was final after speaking with my financial representative about a different account. I have text messages with her saying that he was the one who gave her the information if that makes any difference.
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It would be in your best long term interests to speak with a lawyer before you take any actions.

What you describe could be a problem in the making.

Why on earth would you agree to anything created by the other party without consulting an attorney?

You appear to have some assets and financial interests.

If she has some, too, you were entitled to those.

In Texas if you get divorced its share and share alike, as in 50-50 distribution of the marital assets.

By agreeing to her nonsense, you may have allowed her to fleece you, rather being properly sheared. LOL
 
The property was split 50/50. I knew she was entitled to half of the 457 and half of the pension. Don't feel fleeced or that a lawyer would have been able to change any of that. She has no company retirement or pension where she chooses to work. My concern was what the advisor did had all 4 elements of a negligent tort if the focus is on his action alone. Sounds like I was wrong.
 
You fraudulently withheld information that your spouse was entitled to by law. The advisor did nothing wrong and you will get nowhere with your accusations.
 
I had no legalrepresentation, signed the papers her and her attorney drew up, and I was fraudulent? I sure didn't realize it. I was never ask the first question. We have been separated but remain civil. She knew of the pension. I didn't ask her her reasons for not including it. I know that in a hospital setting you can be terminated for acknowledging to a patient's family that their family member was a patient at the facility. Thought maybe there might be some type of similar protection in the financial world. Thanks for the replies.
 
BKB69190 said:
I had no legalrepresentation, signed the papers her and her attorney drew up, and I was fraudulent? I sure didn't realize it. I was never ask the first question. We have been separated but remain civil. She knew of the pension. I didn't ask her her reasons for not including it. I know that in a hospital setting you can be terminated for acknowledging to a patient's family that their family member was a patient at the facility. Thought maybe there might be some type of similar protection in the financial world. Thanks for the replies.
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You really to need to speak to an attorney, YOUR attorney.

Obtaining legal information off of the internet is as risky as diagnosing a medical malady via Web.MD.
 
Once any pension/457 administrator hears of a divorce, generally all benefits are locked down for a specific amount of time until a QDRO is given stating how to split the benefits - or some signed waiver from both that it will not be split at all. I see no fiduciary issues with the person stating that there was also another benefit plan. They are also trying to protect themselves and the employees, because if they pay you out too much, there is a possibility they can be liable to pay her too later if they knew about the pending divorce action. And honestly even if you got paid out 100% now and later your ex-spouse found out, I suspect she could then have still re-opened a civil case because of your failure to disclose assets. It can and does depend on details. But the person did nothing wrong in informing her that you also had a pension in your name.

You were hoping she would never find out and you would get more than you deserve under the state community property law, right? Maybe you should have been upfront in the beginning and used that as a bargaining tool to get something else you wanted. Whether you think she deserves it or not, your hiding of this asset is pretty deplorable.
 

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