QUESTION
How can I find out what my husband's 401k is worth without asking him?
Asked on Jan 03rd, 2014 on Divorce - New Jersey
More details to this question:
My husband and I have separated and I want to find out what he has in his 401K since we married so I know how much of it I am entitled to. I don't want to ask him because if he thinks I am going to go for half of it, he will take it out so I can't get any even if awarded to me. If he takes it out and spends it and doesn't have it to give to me, I won't have a way of getting anything. So I want to find out what he has before I go for it. Is there anyway to do this without him knowing it?
3 ANSWERS
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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File your divorce action along with a third party claim against 401K or Pension to prevent him from taking it and spending it without a court action
Answered on Jan 07th, 2014 at 12:30 PM
My suggestion is that once you begin the divorce process by filing and servicing your papers, you can subpoena the companies records for his 401K. When you do, I would suggest you consider issuing a subpoena to your husbands records as well. Good luck.
Answered on Jan 07th, 2014 at 12:30 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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I don't know that you can. There are privacy laws which prevent companies from divulging payroll information even to an "alleged" spouse.
Answered on Jan 07th, 2014 at 12:29 PM