Q: Will the court order a freeze on my husbands assets while we are in separation? and by law he can not remove his 401 k
A: In every divorce action, an automatic restraining order becomes effective against the plaintiff upon the filing of a complaint, and against the defendant upon service of the summons and complaint on the defendant.
To paraphrase, the order prevents:
1. Either party from selling, transferring, encumbering, concealing,assigning, removing or disposing of any property belonging to either party, except:
o As required for reasonable expenses of living;
o In the ordinary and usual course of business;
o In the ordinary and usual course of investing;
o To pay for reasonable attorney's fees and costs connected to the divorce action;
o By written agreement of both parties; or
o By order of the Court
2. Either party from incurring any further debts that would burden the other party's credit, including but not limited to:
o further borrowing against any credit line secured by the marital residence; or
o unreasonably using credit cards or cash advances against credit or bank cards;
3. Either party from directly or indirectly changing the beneficiary of any life insurance policy, pension plan, retirement plan or investment account;
4. Either party causing the other party or the minor children to be removed from an existing insurance policy.
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