QUESTION

are individual stocks marital property and what's constitutes fraud

Asked on Apr 27th, 2018 on Divorce - Florida
More details to this question:
I found out that my husband has stocks in his name only. He told me he took out the money from his retirement 401k (20,000) and opened the account because he wanted to be in control of his money. This was done without my knowledge and I did not consent to that. Also, I found out that he received a settlement check made out to me and him (48,000) and he brought stock with that money as well without my consent. I found out about the brokerage account at that time. He told me that it's his "retirement" money and since he got hurt, it is his money. I also found 2 more copies of cashier's checks that he gave to the brokerage company which I believe he got from his 401K at least two more times without my knowledge or consent. Is that legal in Florida? If we get a divorce, am I entitled to half of those stocks? Is he required to liquidate all of those stocks or just give me half of the account value and he can still keep the account opened? Also, can he pull money from his 401K without me kno
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1 ANSWER

Family Law Attorney serving Pensacola, FL
4 Awards
During a marriage, when two spouses acquire retirement accounts or even salary, each spouse owns 50% of those funds. A court can have him give you half of the account but in another way, i.e. a cash buyout.  Each retirement is different. I would contact the retirement provider and ask regarding his withdrawal of funds without your agreement. 
Answered on May 07th, 2018 at 9:11 AM

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