QUESTION
Can I withdraw my 401k without her signature if I have bifurcation status divorce?
Asked on Apr 02nd, 2013 on Divorce - California
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
NO . There is a standard order on the summons which says you cannot take, give away or otherwise dispose property except in the course of normal expenses, like to pay for food or rent, without further order of the court.
Answered on Apr 05th, 2013 at 2:16 AM
No. Even though your status is dissolved there is still a restraining order against either of your disposing of any assets in any way. See if she will sign a stipulation for the two of you to draw funds out of the account equally. If she says no, you can ask the court for permission.
Answered on Apr 04th, 2013 at 12:15 AM
No, you remain bound by the standard restraining orders which prohibit the disposal of any property without the consent of the other party or the court except for the necessities of life.
Answered on Apr 04th, 2013 at 12:10 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
No that only deals with being single instead of married. It sounds like the property division has not yet been done. There are automatic temporary restraining orders in effect until each asset/debt is disposed of, so you would be in violation of the restraining orders.
Answered on Apr 03rd, 2013 at 9:58 PM