Legal Question in Family Law in Florida
I use to work for a company that is now trying to have the former employees cash in or rollover their 401k. My question is that I worked for this company before I got married. I got married maybe 2 years after I was separated from the company, so I want to cash in my 401k do I need my husband permission since we wasn't married at the time
Asked on 10/16/16, 4:19 am
2 Answers from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
If you earned all of the funds prior to your marriage, then those funds should be rolled over into a separate account since you are no longer with that company. If you co-mingle the funds, he will be entitled to funds as they are earned which gives him the higher advantage since the growth will be based on the higher amount. I suggest you speak with a tax attorney prior to doing this.
Answered on 10/17/16, 8:11 am
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