How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 687
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 36 years
89910983
Type Your Family Law Question Here...
FamilyAttorney is online now
A new question is answered every 9 seconds

My wife has asked divorce. This was last week and now she

Customer Question

My wife has asked for a divorce. This was last week and now she has already moved her 401K that was gained after the marriage and I am afraid she will make it disappear before divorce is settled. She says she wants an uncontested divorce we have a scheduled appointment with a lawyer next Wednesday. Do I need to be concerned? What should I do? we live in Tenn.
thanks Barry
Submitted: 6 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 6 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks!

Please also understand I am typing my answer to your question – usually a detailed answer – and I’ll be back to you asap.

Customer: replied 6 months ago.
ok
Customer: replied 6 months ago.
My wife has asked for a divorce. This was last week and now she has already moved her 401K that was gained after the marriage and I am afraid she will make it disappear before divorce is settled. She says she wants an uncontested divorce we have a scheduled appointment with a lawyer next Wednesday. Do I need to be concerned? What should I do? we live in Tenn.
Expert:  FamilyAttorney replied 6 months ago.

TN is not a community property state. That means that the property will be divided up equitably or fairly. That doesn't necessarily mean equally.

A lot of spouses start moving money around after they start thinking about divorce. You need to get an attorney as soon as possible to make a motion to stop anyone from touching anything, although if she hasn't filed yet, then you may need to file for divorce first and make the motion at the same time. You should not be using the same lawyer. That is not a good situation and it's not ethical in many instances. A lawyer cannot represent both of you, so one of you will be out in the cold.

You each need your own lawyer.

She will likely have to account for anything she took in your equitable distribution state. So if a judge divides up property 55% 45% she may be held accountable for what she already took and that amount of the 401K could be charged against what the judge would give. For example, if the judge allows her to get $100,000, and the 401K is $50,000, that $50,00o could be deducted from her overall award from the judge.

Many times the other spouse DOES make it disappear before the court date. You need to get your own attorney and have papers started immediately so that she can't dissipate or raid any other money, including this one. If his a joint 401K? Sounds like it as it's after the marriage. That is part of the marital assets, so that could be deducted from her overall share. YOu need an attorney to move on this asap. You shouldn't wait till next Weds to see a lawyer. I can help you find lawyers in your area if you'd like, just need the nearest big city or town and I can find family lawyers for you.

At this point, she is showing she cannot be trusted to maintain the status quo and that is what judges want. The status quo -- to preserve it.

Please consider getting your own attorney asap and getting him/her to draw up papers immediately and a motion getting her to stop taking property.

I would be concerned yes. She can do what is call"wasting" the property and leaving nothing left to distribute!

Does this answer your question? If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me.

Expert:  FamilyAttorney replied 6 months ago.

Do you have any additional questions? I will be happy to look for a lawyer for you if you'd like, and i can provide you with other information if you need it.

Expert:  FamilyAttorney replied 6 months ago.

I'll be here today so just let me know if you need more information. I've provided you with what you need to go forward, all except the attorney, which I'm willing to help you with.

Thank you in advance for rating me. I cannot get any credit for helping you today without your fair rating. It really means a lot to me to be able to help you but I can't get credit for it without you r fair rating. Thanks in advance!

Expert:  FamilyAttorney replied 6 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks!

Customer/p>