Retirement 401k

[b0bblehead]

My husband and I are seperated and I just found out that he withdrew his 401k at his job after he quit. I told him that I knew this was wrong and that it was supposed to be divided. What should my next step be?

 

[cbg]

Legal separation? Divorced? Simply living apart? It makes a difference.

 

[b0bblehead]

we are living apart and we've filed for divorce quite some time ago

 

[army judge]

we are living apart and we've filed for divorce quite some time ago

I think you might wish to read the information on this site.

http://www.divorceinkentucky.com/separation.htm

 

[b0bblehead]

I read all that but it's not important to my question. We're still married but living apart and he filed for divorce some time ago, and all of the contribution to that account was made while we were married. I really need a more thorough answer.

 

[Proserpina]

You need an attorney.

 

[Michael Wechsler]

You need an attorney.

I agree. It doesn't look like it's going to be pretty and your attorney may also work out some arrangement with you if your husband does have assets. It looks like he decided to take and run since it's usually more difficult and expensive to find and freeze. The attorney will be able to protect your rights and will know what to file to start the process in motion. It's complicated as is the situation. I'm sorry to hear this, best of luck.

 

[cbg]

If you are still married, then it's very unlikely that he can legally take a distribution of his 401k without your signature. It's just barely possible that IF his balance was low enough AND the plan design allows for it, spousal consent for the distribution might have been waived. I agree that you should speak to an attorney asap.

 

[guestposter]

I assume I would need to speak to a divorce lawyer or could I speak to the county attorney?