My spouse and I are headed toward divorce but have not filed yet. Can my spouse 401k and saving plans be flagged now somehow

Asked 10 months ago - Rockaway, NJ

My spouse may begin taking loans on 401k and saving plans to reduce amount before divorce

Attorney answers (5)

  1. Kenneth A White


    Contributor Level 20


    Lawyers agree

    Answered . The only way to protect yourself is to take action. Once a Complaint for Divorce is filed you can secure an Order, either by consent or by application before the court, to preserve all marital assets, i.e. prevent him from liquidating any and all accounts.

    F.Y.I. Even if your husband has begun to dissipate marital funds, provided there are other assets available, i.e. equity in a house; other bank or investments accounts, etc..., you will likely have an oppotunity to be made whole.

    Kenneth A. White, Esq.

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  2. David F Salvaggio


    Contributor Level 13


    Lawyer agrees

    Answered . If you are concerned about what your sp;ouse may be doing, you really need to take some concrete action ASAP.

    You should meet with a Morris County Divorce Law Firm as soon as possible, to go over your situation in detail, get educated answers to your questions, and expert guidance as to the best course of action.

    DISCLAIMER The information you obtain at this site is not, nor is it intended to be, legal advice. You should... more
  3. Laura Wilkins Anderson


    Contributor Level 7


    Lawyer agrees

    Answered . When one borrows from a 401k fund, they must start repayments via payroll deduction, usually within 30 days. If you are able to see a breakdown of the investments in the 401k, you will notice the total amount of the account has not decreased, instead the loan amount is now listed as an investment. So taking the loan did not decrease the amount subject to equitable distribution in theory. This only applies to 401k accounts, pensions, seps, iras all work differently. You should consult with an attorney with experience in this area so that you make sure all of the marital assets are accounted for. good luck!

    This answer is not intended to be legal advice, you should consult an attorney licensed in your jurisdiction.
  4. Brad Michael Micklin


    Contributor Level 14

    Answered . You have no protection until there is a divorce case file. Once you get a divorce, you can seek in order preventing a dissipation of marital assets.

    Here is an article that will help you prepare: Divorce planning: Uncovering hidden assets: .

    Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited... more
  5. Jeffrey Alan Kerstetter

    Contributor Level 11

    Answered . I have found that once I file a Complaint for Divorce, contacting the entity managing the 401k or other retirement asset and making them aware that the Complaint has been filed and making it plain that the asset is now frozen will generally act to prevent them from allowing the individual to dissipate the asset.

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