Legal Question in Family Law in New Jersey

Re: Money boundaries

She is exactly right - you should talk with her attorney, if you are comfortable in doing so. If you are not, then you should have your attorney speak with her attorney. The fact of the matter is that this is a claim that needs to be sorted out in the context of the divorce. It is not a "Small Claims" matter.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good

luck! Rob Gleaner

Re: Money boundaries

If the 401(k) monies were "marital" assets, she may have a right to a certain portion. However, she should not have taken it from the account. It is not a small claims issue, as she is jointly on the account. Rather, it is a matrimonial issue. You should consult with a lawyer to explore your options.