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

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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: 2 months ago.Category: Family Law
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3/28/2018
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,191
Experience: Licensed to practice before state and federal court
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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.

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Family Lawyer: Legal Eagle, Lawyer replied 2 months 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.

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Family Lawyer: Legal Eagle, Lawyer replied 2 months 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:-)?

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