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Can my husband legally drain his 401k account to avoid me getting half of it in our divorce?

Vernon Hills, IL |

Me and my husband have come to terms that we will be getting a divorce rather soon, but have stayed together because of the tough economic times. Recently he has been taking large withdrawals from his 401k to pay bills, taxes, etc. This is extremely out of character. He hasn't touched that account in 10 years and still doesn't need to but I believe he is doing so to ensure I don't get any money from it when I file our divorce papers later this year. Is this legal? will the judge most likely see through this? or will he most likely get away with it?

Attorney Answers 2


  1. You need to get him out of the house and bar him from wasting martial assets.You need to talk with a family lawyer about how to do it in Il, or there will be nothing left when you finally get around to divorcing.


  2. You need to get to an attorney and file for divorce asap so the attorney can start protecting your assets. Hurry before everything ends up in overseas accounts or hidden somewhere.

    My standard disclaimer: I am not offering legal advice, assume I do
    not know the law in your state or at all for that matter and that I am
    just making suggestions for starting points for when you do speak with
    an attorney. Do NOT rely on anything I write and contact a lawyer in
    your area immediately after reading my posting.

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