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Can a judge really order someone to withdraw money from their IRA to pay their ex-spouse's attorney?

San Jose, CA |
Filed under: Family law

Division of property including retirement & investment accounts was completed 6 years ago.
Is that really legal?

Please don't bother responding by telling me to see an attorney. Thanks.

Attorney Answers 4

  1. Best answer


    I can be reached at 714-542-6200, 9:00 a.m. to 5:00 p.m. Monday to Friday. Feel free to email me directly at This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented by you. You still need to consult an attorney directly to fully protect your legal rights.

  2. As long as there is an issue pending before the court, the court can order a party to pay fees, and they can take into account assets available for that purpose, including separate property assets.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  3. Yes, but your post is extremely devoid of facts which (had they been given) might indicate that the order was wrong.

  4. Without seeing all the pleadings and the history of the case, court orders and Judgment there is no simple black and white answer. Is it a legal possibility, yes it is a legal possibility that the Judge can order someone to withdraw money from their IRA.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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