If he cashed out the 401K while you were still married and not separated, it depends on what he did with the money. If he took all the money and is hiding it or bought a house in Jamaica, you still get your share back from him in some form, or you could, as a penalty to him, get 100% of the asset back because of his misuse and abuse. This could also apply if he took all the money out after you separated, as you're supposed to get 1/2 of the 401K. It could be given to you in equivalent value from some other asset, for instance. Call a family law attorney and discuss how this works.
Answered on Apr 08th, 2014 at 8:33 PM