Fremont, CA asked in Divorce for California

Q: My ex husband cashed out a 401k without my consent/knowledge and spent all the proceeds. Can he be charged criminally?

He did this a month before moving out of our home. He spent the money on clothes, trips, motorcycles and to support another woman and her sister. He admitted in his deposition that he DID NOT get my consent and that he did it without my consent. I did not find out about this until he responded to my request for documents in our divorce. He submitted blank signature pages and has refused to submit the originals, claiming that he does not have them. We paid a huge amount in tax and penalties due to the early withdrawl. Can I recover the costs and can I have him charge criminally. He cashed it our in Octover / November 2006 and the company was Sun Microsystems, Inc.Sun was bought by Oracle in 2010

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1 Lawyer Answer
Richard Forrest Gould-Saltman
Richard Forrest Gould-Saltman
  • Los Angeles, CA
  • Licensed in California

A: You probably cannot have him charged criminally, since all he did was spend money which he accessed lawfully. You probably CAN get an order that he repay your share of the amount he removed in the final settlement of the financial issues, and probably get an order that he pay some of your attorney fees. You should speak tyo an EXPERIENCED family law attorney about protecting your rights.

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