Legal Question in Family Law in New York

401k

i recently moved out of the house and am going to file for seperation,my husband cashed in his 401k and received a check for the entire amount. i thought he had to have my signature and that i am entitlted to 1/2 his 401k. also he left work on disability and no longer works for the company. can he legally do this and do i have any recourse against him for cashing his 401k in.


Asked on 5/04/06, 6:49 pm

1 Answer from Attorneys
W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: 401k

you may be entitled to 1/2 of the marital portion of his 401K which is that portion that accumulated during the marriage. by cashing in the money, this could come back and bite him on the behind when you file for divorce. If the asset is "gone" you could seek compensation from other assets--if there are some. If not, you would at least get a judgment against him for your marital portion of the 401K.

For NY Law and Official Court forms go to

http://justiceneversleeps.net

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Answered on 5/05/06, 2:58 pm


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