My wife recently liquidated her 401k, if we end up getting divorced will those dollars be included in the marital assets?

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My wife recently liquidated her 401k, if we end up getting divorced will those dollars be included in the marital assets?

My wife and I are living apart.

Asked on October 21, 2010 under Family Law, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

If you wife "dissipated" or got rid of marital assets prior to your getting divorced than that should be taken in to account in the distribution of the other marital assets during the divorce. The same would hold true if you or she started to sell off personal property that would be considered marital assets such as cars or furniture.  If the 401K was funded during the marriage then it would be considered a marital asset, unless it was funded my non-marital property such as say an inheritance.  I would seek consultation from an attorney in your area as soon as you can to make sure that nothing else is sold, etc., and to figure out where you are going here. Good luck. 


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