QUESTION
Do I still have the right to my husband's 401k?
Asked on Mar 06th, 2013 on Divorce - California
More details to this question:
Now that my husband has cashed out his entire 401k, he decided to divorce me so I won’t be able to get anything from him from our 30 years of marriage. Do I still have a right to complain to a lawyer or a judge?
8 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Try to see where the money went. File to get that account frozen.
Answered on Mar 07th, 2013 at 2:30 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Your attorney should advise the court that the marital estate had a 401K account until he cashed it out. Perhaps some of the money is in another account in your husband's name and it can be traced to the 401K account. You would likely need assistance from a good family law attorney for this.
Answered on Mar 07th, 2013 at 2:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In her divorce you will be entitled to half of the marital assets, which would include either the 401(k) or the proceeds from it, or the assets he bought with it. You should see an attorney.
Answered on Mar 07th, 2013 at 2:30 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, then Yes, most likely. You should consult with an attorney as soon as possible to assist you.
Answered on Mar 07th, 2013 at 12:55 AM
Yes, if you can prove that just prior to the divorce he removed the money the judge will more than likely order him to pay you have of the money removed.
Answered on Mar 07th, 2013 at 12:29 AM
John Arthur Smitten
You get half the 401k.
Answered on Mar 07th, 2013 at 12:21 AM
Family Law Attorney serving Newport Beach, CA
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In California any asset acquired or income earned during marriage, is community property subject to division. Therefore, you would be entitled to one-half of the community property value of the 401k. However, you better move fast.
Answered on Mar 07th, 2013 at 12:20 AM
Just because he took the money out of the 401(k) doesn't make it any less community property. Of course you can present evidence of this to the judge.
Answered on Mar 06th, 2013 at 11:59 PM