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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

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

Answered 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption