Legal Question in Family Law in Washington

Cashing 401K and putting in safety deposit box before filing for divorce

I am in the process of cashing my 401K. When that process is done I want to put the money in a family members safety deposit box. Can this be tracked or what do I tell the judge when or if he wants to know where the $ went. I've heard that as long as I do this all before filing for divorce it should work. Spouse signature is not required to cash 401K out.


Asked on 6/10/09, 4:42 pm

1 Answer from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Cashing 401K and putting in safety deposit box before filing for divorce

Let me be sure I understand this. You want me to tell you whether you can get away with fraud and perjury in a future civil action. You might get away with it, but there is a serious possibility that you won't. If you get caught (and a competent attorney for the opposing party may well catch you) and will then pull you apart like warm bread. You will have no credibility before the court (as a perjurer and a person who engaged in fraud). If you retain counsel, they can not assist you in this (under the Rules of Professional Responsibility) and if they find out you did it, I would expect they will dump you so fast and hard you will be bouncing. I hope that answers the question in terms of the legal consequences. I don't have the space to discuss the moral consequences.

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Answered on 6/10/09, 6:34 pm


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