Bronx, NY asked in Divorce for New York

Q: I have been married for 34 years and my husband is a gambler. Lately I found that he has been withdrawing from his 401k

If i file for a legal separation until I am ready to divorce will this put a financial hold on his 401k?

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3 Lawyer Answers
Christopher N. Luhn
Christopher N. Luhn
Answered
  • Mechanicville, NY
  • Licensed in New York

A: Without more (e.g., a court order obtained through an order to show cause), no. If you file a matrimonial action (Action for Divorce), even by Summons with Notice, your attorney should include New York's "automatic orders" that will subject your husband to contempt charges if he violates them by "wasting" assets. You should consult an experienced Family Law and Divorce Law attorney.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: You may file for divorce and make a claim against him for waste of community assets, seeking reimbursement for the same. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

David Ivan Bliven
David Ivan Bliven
Answered
  • White Plains, NY
  • Licensed in New York

A: No, not necessarily. Only with a divorce filing are "Automatic Orders" put in place which restrain parties from removing funds from retirement accounts. Otherwise, he must agree to not remove the funds - in which case divorce is your better option. Schedule a consultation with a Bronx Divorce attorney for a full assessment.

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