i am filing for a divorse, my husband took 15,000 from his 401k without my knowledge

if he took this money out 8 months ago. can i ask for half this money in the divorse.

Asked on June 29, 2009 under Family Law, Ohio


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can't do it quite that directly, although it is possible to ask for the money to be included in the "pot" that gets split up, sometimes, depending on what was done with it;  if he claims that he took the money to the track and lost it, for example, some courts will treat it as if he still has the money.

Questions like this can't be answered in isolation.  For advice you can rely on, you should have a lawyer review all of the facts about your marriage and your financial situation.  One place to find a qualified attorney is our website, http://attorneypages.com

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