Powder Springs, GA asked in Family Law, Banking and Identity Theft for Georgia

Q: Can my soon to be EX, without my knowledge, access my IRA account, change the password/username, and withdraw my money?

I filed for divorce last year, after being married 19 years. Approximately a week later, my soon to be EX accessed my simple IRA account (my only retirement account) and blocked my access. He pretended to be me and changed the username, password, all contact information on file, and connected the IRA to another bank account with his name on it. He then withdrew all the money in the account over the next 7 months, all without my knowledge. He has several investment, retirement, and other accounts that I have no access to, but he emptied my only retirement account. he has also been moving money and keeping our main family account balance low. He did it in the attempt to prevent me from hiring another attorney to finalize the divorce. The investment company said that's identity fraud and to see if there are any legal repercussions for him and if I can get the money he took back in the divorce process. Can I get the money back? Are there any repercussions for his illegal behavior?

2 Lawyer Answers
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Unfortunately, this will need to be dealt with in the divorce action. The good news is that you know of other financial resources your husband has so that increases the chances that the funds will still be available to recoup. His actions would be in violation of most domestic relations standing orders. You should verify if there is an existing standing order in the county where your divorce is pending. If he is in violation of the standing order, you need to file an action for contempt for his violation right away to deal with this issue as soon as possible.

Homer P Jordan IV agrees with this answer

PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: You will certainly want to address this during the divorce. You should consult with an attorney who can review the facts of your case and help you plan the proper course of action. That's going to be the best way to protect yourself. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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