Legal Question in Family Law in New York

spouses withdrawn retirement

In August of 2004 my wife committed adultery and since then we have established a physical and legal custody agreement which was drawn up in June of 2005 In January of 2006 she served me with divorce papers. She has withdrawn a large chunk of money from her 401k which I believe was to hide and lower its value when the distribution process gets underway. I have no retirement because I put all of my income into our house which I have been maintaining mortgage, taxes, and insurance w/o one dime of help from her. She has lived with her parents since the affair has began, received child support and bought nothing of consequence that would justify such a large withdrawl from her retirement. She claims she has only $2,000 left in her retirement after 11 years of service. We had been married 8.72 years up until the point when she filed for divorce. Do I have any recourse in receiving the proper portion of her retirement that would have been in her fund had she not withdrawn it after she left me?


Asked on 6/13/06, 4:52 pm

1 Answer from Attorneys
Alexander Sklavos Law Offices of Alexander E. Sklavos, PC

Re: spouses withdrawn retirement

you have a good case - she may be liable for withdrawing funds illicitly, and you could use it as a set off against the equity in the home. Please call for an appointment if you are seeking representation , or email me. five one six two four eight four thousand.

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Answered on 6/13/06, 5:03 pm


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