My wife and I are legally separated, and I am attempting to take out a loan against my retirement fund of which my wife is not a co-owner. The fund administration requires notarized spousal consent/acknowledgement for the loan to get processed/approved. However, there is very little chance that my soon-to-be ex will cooperate, as she has become quite acrimonious. I’ve contacted her attorney, who has not responded in 3 queries. Additionally, I’ve provided a copy of the petition for divorce along with a text from my wife asking me to only contact her through her attorney, and those documents were insufficient for an exception to spousal consent. What are my options should she simply decide not to respond at all?

Asked on September 5, 2017 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't do anything unless and until you and she finalize a divorce. Until then, even if separated, she is your spouse; as your spouse, her consent is necessary for this; but she is not under an legal obligation to provide that consent. You need to move the divorce forward to legally disentangle yourself from her.

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