Doesan ex spouse have to agree on how the amounts owed to them are paid to them?

I was awarded the house but ordered to pay ex-spouse a set amount. I want to have them transfer it out of my 401k. Can they refuse that method of payment?

Asked on October 17, 2011 under Family Law, Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

At first glance one would think why would they care about where the money comes from?  But the only think that raises a red flag here is not knowing how your 401K was dealt with in the divorce.  Was it considered a marital asset?  How was it divided?  You can not do anything to dissipate any portion of it that would be considered a marital asset - and withdrawing money and "devaluing" the asset is dissipating it - so how would that work in the long run?  Please consult with  your attorney about this matter in detail.  You really do not need any kind of hassle later on.  Good luck.

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