What is my recourse if my husband has spent half of my 401k?

Question

My ex-husband and I had an uncontested divorce that was finalized in September of this year.  We also signed an addendum to our papers stating that we would split his 401k with each of us getting 50%.  Our paper work states that the estimated value is 160K.   He is now telling me that about $20,000 will be transferred to me.  He has been living off the 401K and actually paying my child support with my money.

John Brennan · Answer

See an attorney, he has stolen your money.

John Kirchner · Answer

If there was no court order approving your "addendum" it probably isn't enforceable and it may be difficult to determine an appropriate remedy.  To split a 401k, the law requires that there be a Qualified Domestic Relations Order (QDRO) issued by the Court.  If that was never done, you need to go back to court and attempt to correct all the mistakes that have been made by failing to consult an attorney when you negotiated your "uncontested" divorce.

William R. Pelger · Answer

If you had a marriage settlement agreement drafted by an attorney that was part of your divorce decree,  and in that agreement, he promised to pay you half of his 401k, he has now violated the agreement. Your attorney can take him into court on contempt proceedings.

Barbara Peyton · Answer

You need to hire a lawyer to hold him to the agreement.  The agreement became a court order and he violated it willfully.  that is contempt and it carries fines and jail time.  Please immediately talk to a family law attorney in your county about helping you.

Richard Wooster · Answer

Contact your divorce attorney and go for a supplemental judgment.

Gary Moore · Answer

He has been using his sahre to pay your child support. Your entitlement to share in the 401K remains unchanged. He still owes you one half of  his 401k, at the time you made the deal.

Anne Howard · Answer

Hire an attorney and go to court. You should have "frozen" his 401K. Now it's a debt that he owes you.

Theodore W. Robinson · Answer

You need to speak to a divorce attorney immediately. He cannot get away with that, but it will take going to court to address the issue you brought up here.  He cannot represent that there is one amount in the account and then spend it  down and offer you half of whatever is left. He spent that money improperly and  he is the one responsible for the lost amount, not you.

Mark T. Peters · Answer

Depending on the way the order was written, you may be able to bring a motion to have him held in contempt. It is also possible that you have claim for conversion (common law theft) since it was technically your money. But again, it depends on the way the order was written. It is possible that you are only entitled to one-half of what is there when you make the request to the 401k trustee. I suggest you have an attorney review the documents so you have a better understanding of what your options are.

Glenn Tanner · Answer

See enforcement of the decree and addendum and a judgment against him.

Madanmohan Ahluwalia · Answer

First of all, you should send him a written demand asking for accounting of the 401K plan related account. Ask for account statements and then also ask how was money spent as of date of separation, not date of agreement. Then determine how much is owed to you. You are entitled to one-half of the amount as of date of separation. Such written demand or effort to talk and settle privately is required under what is known as "meet and confer" rules before going to court. If you are not satisfied, and he does not agree, then you need to file a written motion with the Superior Court to get a court order for him to transfer the amount corresponding to your share in the account.

Annette Sandoval · Answer

Depending upon how the agreement was phrased, you would have to determine at what date did you agree to value the 401k. Usually if the terms are part of the original divorce, the Court will look at the date of service as the valuation date. If you agreed to a different date, or did not specify it and the agreement came after the fact, you may not have any option. It would be worth talking to an attorney to provide more details and determine if you can file a petition to enforce the agreement and/or petition for contempt for non-payment.

Robert Jensen 'Bob' Matlock · Answer

You can file a motion for enforcement of the agreement. I suggest you hire a lawyer.

Elizabeth Jones · Answer

It is time to get an attorney. You were entitled to half the value of the account as of the date of separation.

Frances Headley · Answer

You can bring a motion of contempt for failing to abide by the Agreement. You should consult a  family law attorney to advise you.

Steven D. Dunnings · Answer

This is why you should have retained an attorney. You will now need an attorney to look at your papers to see what, if anything, can be done to correct what wasn't done before.

Tajara Dommershausen · Answer

Take him back to court for Contempt asap.

Richard Zasada · Answer

He would still owe you the money if it was properly drafted in the agreement.

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What is my recourse if my husband has spent half of my 401k?

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