QUESTION
My wife took all the money out of my 401k then filed for divorce 9 months later is there anything I can do?
Asked on Apr 01st, 2013 on Divorce - Michigan
More details to this question:
My wife took 5 thousand dollars out my 401k soon after I got out of prison then while I was in rehab. She took the rest out 3 thousand dollars each time without my consent.
5 ANSWERS
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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This needs to be addressed in your divorce case. If you can prove that she took it out without your permission and that the money wasn't used for community/family needs, then she may owe you half or more of this money back. This can be a complicated area and you may be better served if you can have a good family law attorney help you figure all of it out.
Answered on Apr 02nd, 2013 at 3:45 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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In your divorce action, you can sue for an equitable division of the 401(k) proceeds by asking the court to award you 50% (i.e., $2,500.00) from the proceeds. If granted, the court will order your wife to pay to you $2,500.00 as part of the equitable division of marital property.
Answered on Apr 02nd, 2013 at 3:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She cannot take your 401k funds without your permission or signature. What is the rest of the story?
Answered on Apr 02nd, 2013 at 12:44 PM
John Arthur Smitten
Yes that is stealing she owes you at least half if not all that money.
Answered on Apr 02nd, 2013 at 12:44 PM
Michael Paul Vollandt
Sounds to me that you may have a law suit against the 401(k) people. Also, your wife will have to cough up your separate property (if any) and your half of the community property.
Answered on Apr 02nd, 2013 at 12:44 PM