How do I ask my husband’s attorney for a copy of my husband’s 401K statement?

Question

My husband and I have a simple divorce, he has agreed to pay maintenance of 500.00 a month and 1/2 the 401K. I just want to request that he give me a statement of the account for the last year. I want to make sure he has not taken a withdraw or loan on it. How do I ask the attorney for it?

Steven D. Dunnings · Answer

Yes.

Melvin Franke · Answer

No, but you can do a two court  petition.  Court I is to transfer custody and Court II is to adopt after you have custody for 6 months.

Kate Forrest · Answer

Just ask-you (and the court) are entitled to see those documents, this is a normal part of the discovery process, and the attorney should produce the documents willingly.

Stuart Collis · Answer

You could ask him or provide a formal discovery request pursuant to the  court rules.  Better yet, hire an attorney to protect all your legal  rights.

Cathy Cook · Answer

You have a right to this information.  You simply send a letter or email requesting it.  If they won't give it to you, you may need to file for divorce to have the court order it released to you.

Dean Esposito · Answer

You can request through discovery(request for production of documents) that he provide you with statements from his 401k. If they so not have any or the ones you need, you may have to subpoena it from the company.

John Kirchner · Answer

Pick up the phone and ask for it.  If you can't get him on the phone or if he won't speak to you, put your request in writing and mail it to him.

Candice Ragsdale-Pollock · Answer

If you have an attorney, you need to go through the attorney for the information, otherwise you have every right to request that information from there attorney your self.  If he won't  voluntarily give you the information, then you can ask the court to order the information to be given to you.

Bernal Ojeda · Answer

Just ask but should be disclosed in FL-140.

Monica H. Donaldson Stewart · Answer

Although there are formal ways to go about requesting this information, you can also simply send a letter to the attorney and request that he disclose a copies of the 401k statements for the past 12 months (or past 4 quarters, depending on how the statements are transmitted). Rule 49 of the Arizona Rules of Family Law Procedure requires the disclosure of this type of information, so there is no reason the attorney shouldn't cooperate.

Helene Ellenbogen · Answer

You send him a letter asking for it if he doesn't comply you can either ask for it in the form of a request for production or you can subpoena it directly from the institution that holds the 401(k).

Anne Howard · Answer

It is not simple if you are not getting documents that the other side is supposed to produce.  Write and ask the attorney.  If it is not produced, see an attorney.

Lenore Tsakanikas · Answer

You do a request for Production. You are entitled to statement closest to the date of marriage, the date closest to the date of service, and statements six months prior to the date of service. You could also subpoena the records and get whatever file is available. These are tricky and it would be in your best interest to consult with an attorney. Good luck.

Rebecca Rainwater · Answer

A copy should have been attached to your husband's Income and Expense Declaration. This form along with a completed Schedule of Assets and Debts is required to be disclosed. If you have not both exchanged these form you should complete them and demand the attorney to supply the completed forms from your husband. Without these forms you should not enter into any agreement.

Erin Farley · Answer

Start by writing a letter to the attorney and asking for the 401K statements. Most attorneys will respond to this type of "informal discovery" and produce what you request. If the attorney refuses to produce the statements, you will need to ask for them through a formal discovery process. If it comes to that, consult your local family law facilitator for help.

Joanna Mitchell · Answer

Just call them and ask them, or send them a request in writing.

Barbara Peyton · Answer

Both parties are legally required to disclose all information available concerning assets and debts.

Dennis Leffert · Answer

This should not be a problem.  First, you place your request in writing, keeping a copy for your file, and ask for the information just as you have stated in your question.  You can also do this by Subpoena if preferred. The reason for the writing is because if the attorney does not comply, you will be able to go to Court and ask the Judge to Order the disclosure.

Frances Headley · Answer

You do it through a process called "discovery" whereby you send to his attorney a written request for documents and answers to any questions you may have.  You should consult a family law attorney or facilitator to assist you.

Robert Merlin · Answer

All you have to do is to contact the attorney, who should give it to you. But if you are to get 1/2 of his 401(k), a special order, Qualified Domestic Relations Order, must be entered.

Robert De Groot · Answer

He is supposed to do that under the mandatory disovery requirements. Do a request for production, a notice to produce.

James Weiner · Answer

It sounds like you are in litigation. Check the Michigan court rules and send a discovery request for the information you want. If you cannot figure it out it will be best to get an attorney.

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How do I ask my husband’s attorney for a copy of my husband’s 401K statement?

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