Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Can my ex wife cash out my entire 401K one year after our…

Customer Question
Can my ex wife cash...
Can my ex wife cash out my entire 401K one year after our divorce was finalized and the 401K was never addressed in the final divorce decree.
Submitted: 22 days ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
3/28/2018
Family Lawyer: Legal Eagle, Lawyer replied 22 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,128
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Family Law Question
Family Lawyer: Legal Eagle, Lawyer replied 22 days ago

Thanks for your patience. The answer to your question is no; she can't cash out the entire 401k if it was done without your permission. You may need to motion the court to modify your divorce judgment so it includes your 401k.

If you can show the court that you would suffer some irreparable harm as a result if they don't modify the motion, then the court will force her to return the proceeds or force her to give up some other property from the divorce that she had earned. For example, if she took the car, they may force her to sell the car and give you the amount that is equal to the 401k.

Ask Your Own Family Law Question
Family Lawyer: Legal Eagle, Lawyer replied 22 days ago

When you have your motion ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Once the motion is served on the opposing party, they will have a chance to oppose the motion if they wish. They must file and serve their opposition. Regardless, the magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Also, you’ll be notified of the magistrate’s decision in writing.

What other questions did you have for me today that I can help you out with:-)?

Ask Your Own Family Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,128
10,128 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle 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

11,875 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 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.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I'm divorcing my husband in Wisconsin, a no fault divorce
I'm divorcing my husband in Wisconsin, a no fault divorce state. He tried to hide 80,000 of credit card debt from me and has probably spent 100,000 in credit card interest in our marriage. I probably … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,391 satisfied customers
Family/Divorce/Custody lawyer please. I filed for divorce in
I filed for divorce in 2015. Trying to reconcile with my wife and conceived a child in February 2016 and he was born November 2016. Called it quits again in March 2017 and I have done pro se ever since. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,803 satisfied customers
California Divorce law) So my parents got divorced but had
California Divorce law) So my parents got divorced but had separated 2 years before. My dad's practice was stated as community property and valued. He had to buy my mother out of the other half of his… read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
My husband and I are getting a divorce, and my divorce date
My husband and I are getting a divorce, and my divorce date is the 27th of this month. My lawyer is saying I need to have paid every cent of my fees by prove up at that time. She never told me that an… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
459 satisfied customers
I am using online divorce for an uncontested divorce and we
I am using online divorce for an uncontested divorce and we want as simple a dissolution as possible -- I answered all questions and then received forms but some answers are incorrect -- we already ha… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,391 satisfied customers
I am divorced. It was not a contested divorce, and there is
I am divorced. It was not a contested divorce, and there is no alimony or child support (no children). My wife included language that I had to pay back her Dad for a personal loan he got on his own fo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,307 satisfied customers
I'm going through my second divorce. My first divorce ended
I'm going through my second divorce. My first divorce ended in a settlement where I had to pay my first ex wife $10340 (child support and alimony) per month for a period of ten years.My second marriag… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,595 satisfied customers
I received the divorce papers from the online divorce whats
I received the divorce papers from the online divorce whats the next step … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My ex and I divorced in Arapahoe County and the divorce
My ex and I divorced in Arapahoe County and the divorce order was "guaranteed". At the time of the divorce I was a professional making good money. For the last three years, I have been on Social Secur… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,803 satisfied customers
I was divorced July 2017. Divorce decree stated ex husband
I was divorced July 2017. Divorce decree stated ex husband will pay me $25,000, $11,500 for 1/2 lawyer bill and refinance a loan that I co-signed. He has done none of these. I requested the court to f… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband filed for divorce. I contested the divorce,
My husband filed for divorce. I contested the divorce, because he has the house, 2 of 3 cars, the business and approximately $30k in cash at home, but he doesn't want to give me anything. I am going t… read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
I have been divorced for 8 years. In the divorce papers it
I have been divorced for 8 years. In the divorce papers it states that the home me and my husband lived in was to be my property. I didn't get a signature from him signing off for this. I don't where … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently divorced, in the divorce my husband kept the
Hi, I was recently divorced, in the divorce my husband kept the leased car and they did not remove my name, with a clause saying that he would be financially liable. He passed before the lease was up,… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
298 satisfied customers
I am a divorced male in Illinois. At the time of the divorce
I am a divorced male in Illinois. At the time of the divorce the wife signed a quit claim deed on the house so that I might try to refinance or short sale the house. The mortgage is in both our names.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
57,995 satisfied customers
I was divorced 2 years ago, and per my divorce agreement my
I was divorced 2 years ago, and per my divorce agreement my ex wife was supposed to take the monthly alimony payments I made to her and pay off our second mortgage in both our names over a 2 year agre… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
CA Divorce, my spouse defaulted in CA Divorce Sept 2017, I
CA Divorce, my spouse defaulted in CA Divorce Sept 2017, I have asked for money he owes and he refuses to answer still, now have to go back to F/L/Default/Uncontested Hearing RE: property division and… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
57,995 satisfied customers
This is about a divorce: family divorce counseling I read,
This is about a divorce: family divorce counseling I read, is effective but 38% of those couples still get a divorce. This brings me to a question which you can consider hypothetical, but I want to kn… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
57,995 satisfied customers
Divorce. Georgia. Need to answer to divorce complaint
need to answer to divorce complaint without minor children… read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 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