Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
8/3/2017
Family Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,242
Experience: 30 plus years of experience.
Verified

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.

Ask Your Own Family Law Question
Family Lawyer: Loren, Lawyer replied 1 year 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.

There is no additional charge to you for rating me favorably.

Ask Your Own Family Law Question
Family Lawyer: Loren, Lawyer replied 1 year 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!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,242
39,242 Satisfied Customers
Experience: 30 plus years of experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
If a couple divorced without attorneys and a signed the
If a couple divorced without attorneys and a signed the divorce decree, the community property is left to be settled between the couple … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
These are my current requests: Family Counseling (help to
These are my current requests:Family Counseling (help to create a positive co-parenting environment as we only have 1 child and she is still adjusting to the separate living)Tax Deduction Credit/Claim… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband has retired from work we split apatt in 1999 and
My husband has retired from work we split apatt in 1999 and he asks for me to sign some paper from work so he can draw retirement. We did not get legal separation.Should I sign the paper? … read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
My husband is 68 and I'm 50, We are getting a divorce. He is
My husband is 68 and I'm 50, We are getting a divorce. He is now drawing SS and only working part-time. We have been married 13 years been together 18. He said he will retire so not to pay alimony. He… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
About child support. My husband's ex was awarded alimony in
This is NOT about child support. My husband's ex was awarded alimony in SC. We moved to FL and suffered a number of financial reversals. He has sent what he could monthly. He just received a certified… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I live in Vermont and was recently married in 2015 although
I live in Vermont and was recently married in 2015 although the marriages is on the rocks after one year. my question is can the money that I have been contributing to my companies 401(k) be subject t… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I'm getting remarried and would to protect my investments and
I'm getting remarried and would to protect my investments and 401k. Would my new husband have access to my accounts and if the marriage didn't work out does he get half?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
what am I entitled to we own property a house a timeshare 3
what am I entitled to we own property a house a timeshare 3 vehicles 1 motorcycle tools insurance polices and 401 k The plan was to do a non contest divorce. I asked him for 25,000 he said I would tak… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Following a divorce if someone receives 401(k) via QDRO and
Following a divorce if someone receives 401(k) via QDRO and leaves it with the original custodian, not rolling it to IRA or anything else: 1. Can the funds be withdrawn at any point in the future or d… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
Well, I am back. Continuing with all the legal issues with
Well, I am back. Continuing with all the legal issues with the marriage license not being signed, a new situation has occured. My oldest brother who lives in St. Louis was stabbed 6 times this past Sa… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My husband and his ex wife have joint custody of their son
My husband and his ex wife have joint custody of their son with him being the one who has primary custody. Their divorce papers stated that he was not seeking child support from her due the fact that … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My ex-husband was terminated from his job in March and received
My ex-husband was terminated from his job in March and received his 401(k) in a $80,000 check that he went ahead and cashed out to pay off his motorcycle ($20,000), pay off his martial obligation on a… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I have been single for 5 years. I live in Idaho. I am buying
I have been single for 5 years. I live in Idaho. I am buying a home. I have three small 401 K accounts and a savings account. I have recently become engaged. If I get married, does he automatically ha… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband and I have separated and are seeing a marriage counselor.
My husband and I have separated and are seeing a marriage counselor. He is taking out $35,000 from his 401k as a loan to purchase a new motorcycle. He wants me to sign the documents giving him permiss… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband and I are divorcing. He borrowed out his 401k prior
My husband and I are divorcing. He borrowed out his 401k prior to our marriage to pay for our house and wedding. Is this 401k open for divison? Am I entitled to half of that as well since it was repla… read more
socrateaser
socrateaser
1,031 satisfied customers
Hi- I have been married for two years to an ENT Surgeon. We
Hi- I have been married for two years to an ENT Surgeon. We never signed a prenuptial. We have no children together. I was just recently added to the house deed. (he had a home before he married me th… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
We live in the state of Texas. My husband of 28 years is having
We live in the state of Texas. My husband of 28 years is having an affair and says he wants to be single. He would like for us to separate instead of divorce so he can keep me on his insurance plan. I… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
I called my husband and told him I was returning tomorrow and
I called my husband and told him I was returning tomorrow and will pick up my son to bring him home. He has threatned to not let me see my son until January. My husband has my son at his mother's hous… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x