As part of a divorce proceeding court order, the court ordered that 60% of the 401K in my husbands name be distributed to me, the wife.
Instead, my husband withdrew the entire 401k, paid IRS taxes due, and took the entire remainder for himself and then left the state .
So 60% of this 401K money was suppose to transfer to me and of course not distributed and therefore taxes not paid at this time for me portion.
Is there a way for this portion of the distribution to be reversed considering it was illegally withdrawn to begin with?
I believe you have asked two questions, (1) is there a way for you to have your husband pay you back the money he wrongfully took and (2) did your husband wrongfully withdrawn the money? The answer to both questions is yes. If the Court ordered in your Final Decree that you were awarded 60% of his 401k and he liquidated this account and kept the money for himself, then he is in contempt of court. The appropriate course of action would be to file a motion for contempt and a motion to enforce in the family division that issued the decree. These pleadings are essentially asking the court to find that your husband violated the court order and request that he pay you back the money owed. Good luck.
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