Legal Question in Family Law in South Carolina
Retirement fund
Can my spouse legally cash out his 401k after leaving his job before we are legally divorced? We are legally separated.
1 Answer from Attorneys
Re: Retirement fund
The answer to your question depends on the specific facts involved...
If you are legally separated, then the terms of your Decree of Separate Maintenance will control whether he can or cannot withdraw the funds. Typically, if the retirement funds were allocated to him, he can do so and if they were allocated to you then he cannot.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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