Legal Question in Family Law in Michigan
divorce
I was very apprehensive that my ex-husband in some manner would dispose of the marital property and assets. My main concern was that he would cash out his 401k. Which happened and I am now fighting for my portion. So my question to you, Could have this been prevented in any way. MY attorney filed a Mutual Preliminary Injunctive Order and it was granted by the Judge. If this order was sent to my ex-husband's place of employment he would not have been able to receive the distribution of the funds without my consent.
1 Answer from Attorneys
Re: divorce
The answer to your question is, "Yes". The order could have been drafted and then sent to the employer to most likely prevent the 401K from being distributed. In fact, that is why many of the divorce specialists who hold themselves out as being so aggressive, etc. don't have the background to back up their statements because they have insufficient experience in other areas, such as complex litigation, to anticipate what will happen next. However, that being said, your problem will most likely be resolved by other methods, such as holding your husband in contempt for violating the order, threatening him with imprisonment or merely taking out that money from other assets. So it will be fixed, most likely. William S. Stern
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