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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38906
Experience:  Retired (mostly)
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In the middle of a divorce. One year separated. My ex took

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In the middle of a divorce. One year separated. My ex took $80000 out of our $216000 401k. Did not even get info on how much was left or where it was for 6 to 7 months after an order to compel. I am entitled to half and my half is still there. My question is am I allowed to collect the interest earned on my $108000 from the past year compared to his $28000 left. If so is there a written law about this or not. Thanks

In Booth v. Booth, 371 SE 2d 569 (1988), the VA Supreme Court held that "waste" of marital assets in anticipation of divorce is a matter for the family court's equitable determination. The court can make whatever determination it believes is fair under the circumstances to make the injured party whole. This could include interest, attorney's fees, or whatever else may be necessary to remedy the acts of the party who dissipated marital assets.

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Customer: replied 3 years ago.

Thanks, XXXXX XXXXX feel that my lawyer is asking his lawyers for the amount at separation. I believe that under the circumstances that I am entitled to the interest earned.

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