My wife recently liquidated her 401k, if we end up getting divorced will those dollars be included in the marital assets?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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.
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.