Legal Question in Family Law in Georgia
My father is threatening my mother with taking half of her 401K-they haven't yet started a divorce process but with this threat my mother wants to take her 401K and pay off her car which is actually in my sisters name. Is this illegal? Is there away around him getting her 401K-just because the past 3 years he has been unemployeed off and on and my mom has been the one keeping our family somewhat afloat.
And then if a divorce is to follow would my mother be entitled to half the debt my father owes, even though it is not in her name?
1 Answer from Attorneys
Your mother needs to see a lawyer before screwing up her case by acting without proper legal advice. Doing what the court may perceive as a fraudulent transfer and dragging her sister into a divorce could be a disaster. And besides, what makes her think her 401K will be divided? It MIGHT be, but it might not be. Instead of listening to her spouse, she should be talking to her lawyer.
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