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    Reidamiereid's Avatar
    Reidamiereid Posts: 2, Reputation: 1
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    #1

    Jun 24, 2012, 06:49 AM
    401k withdrawn during divorce
    Without my knowledge my husband withdrew over $120,000+ out of his 401 k in the last 10 months. Divorce has been on the table for the last 3 months since discovering his gross financial misconduct. We have been married for 15 years. Origanally My attorney told me I will receive spousal support and entitled to 50% of the 401. How can I ever get any of the 401 k now that it is gone?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 24, 2012, 06:53 AM
    The plan administrator will have a record of his withdrawals. Your attorney subpoenas those records to show the judge and it will e included on your divorce settlement.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 24, 2012, 06:57 AM
    Quote Originally Posted by Reidamiereid View Post
    Without my knowledge my husband withdrew over $120,000+ out of his 401 k in the last 10 months. Divorce has been on the table for the last 3 months since discovering his gross financial misconduct. We have been married for 15 years. Origanally My attorney told me I will receive spousal support and entitled to 50% of the 401. How can I ever get any of the 401 k now that it is gone?
    With a pattern of "gross financial misconduct", it seems to me that your attorney should have anticipated that your husband might withdraw the funds. Was some of this withdrawn within the past three months? Your attorney should have done something to freeze the asset. Ask him/her why this was not done.
    Reidamiereid's Avatar
    Reidamiereid Posts: 2, Reputation: 1
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    #4

    Jun 24, 2012, 08:11 AM
    Most was withdrawn before I dicoverd what he was doing and hired an attorney. Is this recoverable? How?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 24, 2012, 08:51 AM
    I told you how. There is a paper trail. If you can show that he is looting assets that you are entitled to, the judge will award you your share. Your attorney will help you prove that looting. The thing is, I suspect your husband is a smart cookie and has move these assets offshore where you may not be able to reach them. So it may be difficult.
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