QUESTION

My husband retired and took all his money from his 401k without me signing for it what action can I take we are married and still together.

Asked on May 23rd, 2018 on Family Law - Virginia
More details to this question:
We are living together but donโ€™t get along.
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1 ANSWER

Family Law Attorney serving Fairfax, VA
2 Awards
As a preliminary matter, please note that Lawyers.com offers general information and not legal advice.  If you and your spouse are still living together as husband and wife, the court does not have jurisdiction or authority to address the issue.  The court only steps in when the statutory requirements for instituting a divorce have been met and the parties are seeking judicial intervention to resolve issues pending before the court.  Otherwise, courts would be overloaded with couples seeking advisory opinions in relationships that are not ripe for divorce.  Assuming that you are still living together and there is no intent to dissolve the marriage, you must resort to practical solutions to address your concern.  1) Speak with your spouse, and ask how he was able to remove all of the retirement assets without your signature? 2) Where is the money? 3) Did he roll it over to another retirement account, invest it, spend it, etc., If he provides a satisfactory response, hopefully, that will end the matter.  However, if he is evasive and does not address your concerns I suggest that you contact his employer. If the funds were improperly removed, his employer may be willing to share information with you to avoid any allegations that the terms of the plan were violated. Each company has a plan administrator or a comparable person who is responsible for administering retirement plans.  The administrator is responsible for ensuring that retirement withdrawals satisfy plan requirement and does not jeopardize the plan's tax status.  If your spouse has reached retirement age, ask whether your signature is required for withdrawals? If so, you may wish to share that you did not sign any documents and make a request for any documents that bear your signature.  Finally, if an investigation discloses fraud, forgery, or other criminal acts, this could lead to an investigation.  Unfortunately, your question cannot be answered in this forum without reviewing the retirement documents.  In order to protect your interest, you may wish to confer with an experienced family lawyer in your area for a confidential consultation.  Best of luck~
Answered on Jun 10th, 2018 at 10:24 AM

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