UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption


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 5 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.

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 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