Millis, MA asked in Divorce for Massachusetts

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

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1 Lawyer Answer
Miguel Nieves
Miguel Nieves
  • North Andover, MA
  • Licensed in Massachusetts

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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