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I have just left my marriage and moved here from Mt.

Customer Question
I have just left...

I have just left my marriage and moved here from Mt. Pleasant, SC. In SC you have to be separated for one year before you can file for divorce and I couldn't afford to stay there. My husband of 24 years is getting ready to retire in a couple months and said I have to be present to sign paperwork stating I agree/acknowledge that he is taking the 401 k money in one lump sum. His plan is to have it set up to receive $3500 a month. My main question is would it be safe for me to sign this paperwork or does that open the door for him to grab all the money and hide it.

Lawyer's Assistant: Are there any minor children from the relationship? What is the custody situation?

I stayed in the marriage because I of course hoped things would change but also wasn't willing to leave my child behind because there was no way I could afford to stay there on my own. My oldest child is 29 (not my husbands) and our baby is 21

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I didn't tell my husband I want a divorce cause I still hope things will work out but if they don't I don't want to walk away with absolutely nothing. He is all about money and the fact that I might divorce him and take anything from him is not going over well. I don't trust him when it comes to our assets

Submitted: 9 months ago.Category: Family Law
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Answered in 1 minute by:
8/3/2017
Family Lawyer: Loren, Lawyer replied 9 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 37,821
Experience: 30 plus years of experience.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Family Lawyer: Loren, Lawyer replied 9 months ago

If you are planning on divorce and the 401k has a significant balance, it is probably a bad idea to allow your soon to be ex to allow the account to be paid out in a lump sum. Retirement accounts tend to be, after real estate, one of the most significant and valuable assets in the marital estate.

Aside from penalties and taxes, you are going to lose all oversight on the money and, possibly, risk losing any future access completely.

Wait until the property is divided as part of the dissolution.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Family Lawyer: Loren, Lawyer replied 9 months ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Category: Family Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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