Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

MY HUSBAND TOOK OUT HIS 401 K OUT OF BANK BECAUSE I CAUGHT…

MY HUSBAND TOOK OUT...

MY HUSBAND TOOK OUT HIS 401 K OUT OF BANK BECAUSE I CAUGHT HIM CHEATING AND HE SAID I AM NOT GETTING HIS 401K

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

NO JUST TALKED ABOUT IT IN ARGUMENT WITH HIM

Lawyer's Assistant: Family law varies by state. What state are you in?

TEXAS

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

I AM AT WORK SO I MAY HAVE TO WAIT UNTILL LUNCH

Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
3/15/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

All assets acquired during the marriage are community property and will be split 50/50 during a divorce. As soon as you file, there is an automatic restraining order on all marital assets. You can also file a Motion with the divorce papers, asking the judge to order him to redeposit the money.

Typically, a person can't cash in their 401(k) without quitting their job. You might want to ask for some proof that he actually closed the account. But, still, he can't just close the account and keep all the money. You can tell the judge what he did, and the judge can enter an order that you get your fair share. On top of that, since he tried to hide the money from you, you can ask the judge to give you MORE than half. They have discretion to do that when one party is breaking the law.

Ask Your Own Family Law Question

If you have any joint accounts, you may want to check to make sure he's not emptying them. You may want to consider opening an account in your name only and moving any direct deposits into it so you can still access funds while the divorce is pending. But if you go ahead and file, you will be able to fight for your half of that money. A local attorney may be able to help.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
good

I'm glad I could help. I hope it all works out for you.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
if I go forward and actually need a lawyer to do the divorce how much is that going to cost me; or is that covered in the 46. a month charge

JustAnswer unfortunately isn't able to represent customers. If you were to try to do it yourself, we could answer questions, and those questions would be covered by your monthly charge. But if you want someone to draft the Complaint, go to court, argue motions, and things like that, you'd hire a local attorney.

A good place to find someone is www.martindale.com.

Ask Your Own Family Law Question

Cost is going to vary based on multiple factors, including how much you expect your husband to make things more difficult, the amount of assets you have, if you have kids - plus the attorney's firm size, location, education, experience, and other factors. Talk to a few, and they can each give you an accurate estimate.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
10

Thank you! You should see ratings buttons off to the site. Choosing one will close out the conversation and let the site know to forward your payment to my account.

There is no charge for related questions after rating. I am about to step away for an appointment, but if you have more questions, I'll reply as soon as I can.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
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 Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. 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
Well I don't know if I can explain it correctly back when my
Well I don't know if I can explain it correctly back when my daughter was about four years old that was in 2008 I found out that my wife was cheating on me she moved out and in with her boyfriend for … read more
Sean K
Sean K
Attorney/Member
JD
952 satisfied customers
My ex has been non compliant with the Divorce Decree!! I was
My ex has been non compliant with the Divorce Decree!! I was suppose to get 100 percent of the 401 k, and doing believe I got that!!! … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I am 70 years old and have been married just over 3 years.
I am 70 years old and have been married just over 3 years. Is my husband entitled to complete half of my 401K even though I desposited the funds before marriage … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I went to the court house to look up my case file on my
I went to the court house to look up my case file on my devorce that was granted to me in Jan 30th 2013. And was wondering why my ex husband did pay the 14,000 dollars from his 401k that was granted t… read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
I've heard many things! But is a 401k loan mutual debt? I
I've heard many things! But is a 401k loan mutual debt? I was told that is was a personal loan and did not count! … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
Texas divorce questions: My friend is in a divorce and he is
Texas divorce questions: My friend is in a divorce and he is uncertain about some things he may face in a final hearing. Here is a quick scenario of his situation: He was working at a job for 13yrs. h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife and I had our divorce finalized 2/23/16. We owned
Hello: my wife and I had our divorce finalized 2/23/16. We owned our home together, however, she refinanced last October and the house is now in her name only. She owes me 30K for the equity on the ho… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
My husband and I both have a gambling problem and I am t
My husband and I both have a gambling problem and I am t trying to get it under control but I do not have the willpower to say no to him when he says lets go have some fun. He is housebound all week a… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 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
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
Divorce in texas. my friends been in a divorce going on 4yrs
divorce in texas. my friends been in a divorce going on 4yrs now, they cant agree on a settlement. his wife wants a lot of his 401k which she is not entitled to according to his cpa. his cpa says she … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,459 satisfied customers
After mediation I was awarded to have some money from my soon
After mediation I was awarded to have some money from my soon to be ex-husband's retirement. Now I was told that I will receive the money when he will retired. What to do? I moved out from our condo b… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
I have been separated from my husband for months after last
I have been separated from my husband for months after last living with him in South Carolina. I tried to work on our marriage during that time, even though he left without notice and took most of our… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
My husband and I have filed for a divorce and it has been many
My husband and I have filed for a divorce and it has been many years, it is "at issue" stage in California. Initially my attorney brought his work agency in and included his 401k which I am entitled t… read more
Tina
Tina
Doctoral Degree
83 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
NEED HELP FROM A CALIFORNIA FAMILY LAW LAWYER: I divorced
NEED HELP FROM A CALIFORNIA FAMILY LAW LAWYER: I divorced my husband and got my Request For Entry of Default granted on 2/18/2004. My Exhusband never shown up at court and never filed any contest agai… read more
socrateaser
socrateaser
1,031 satisfied customers
I am married with two daughters who finished college and in
I am married with two daughters who finished college and in 2005, they both decided to move to Colorado(across the world) for me. It rocked my world. We had been talking for several years that we woul… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
Can I put a freeze on my exs 401K He is in the rears about
Can I put a freeze on my ex's 401K? He is in the rears about $16,000 and his current wife lives in Mexico where I fear he is getting ready to relocate to. Just a freeze until he is paid up. He will ei… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 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