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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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Can I get a court order to stop my husband from taking more

Customer Question

Can I get a court order to stop my husband from taking more money out of his 401k. He has been acting weirdly for about 6 months. He let his very profitable business just dissipate and took $150,000 out of the 401k. Now he wants to take more. We are already in bad financial state. He works and makes under $20 per hour. I work and make $25 per hour. It has been quite a drop from our former income. I have been told that he maybe "divorce planning". I don't know what to do.
Submitted: 1 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question 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 expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes. It is possible he may be planning for a divorce (by lowering his income and spending community property such as the 401k so there is less to split in the end). If you believe that this is a possibility, you should consult a family law attorney that can assist you with planning for what you believe to be coming. Aside from that, the only ways you would really be able to prevent him from continuing to spend you into oblivion would be to actually get a divorce and separate all of your finances now or if you can somehow have him declared mentally incapacitated (if he really is and is undiagnosed) and appoint yourself as his power of attorney/guardian. Aside from that, you are bound to him for the ride.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Customer: replied 1 year ago.
Could I go to court myself and get an injunctions? Even if it was a temporary thing until I can declare him mentally incapacitated. By the way, how would I do that? Funds are very low.
Expert:  MIAMILAW1127 replied 1 year ago.

You could try to go to court by yourself to get the injunctions, but this is a difficult process. You should seek an attorney for this process.

The following link provides information on how to declare someone mentally incapacitated: http://blogs.findlaw.com/law_and_life/2013/09/legal-how-to-declaring-someone-incompetent.html

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