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If my husband took out all the IRA accounts and pension 401K and wants to divorce do I have a right on them

Levittown, PA |

Every job he held during 25 years of marriage had some kind of a 401K or IRA I don't even know the details and had all financial control. Now, he moved out and wants divorce. Meanwhile last year he did not pay credit cards (his excuse he lost his job but we had 100 thousand dollars income tax filing) now we are in bankruptcy!

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Attorney answers 4


You have a very complex financial situation. You need to hire a divorce lawyer to assist you. This is not the kind of divorce you should do yourself.


Yes, you probably do have a right to a portion of the accounts. You should consult a local attorney to discuss specifics.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


You need to meet with an attorney who is experienced in family law and bankruptcy matters right away before your husband makes other financial decisions that could either divest you of your share of his existing retirement accounts or funds are moved so that they cannot be traced. Otherwise, you are risking the possibility that these accounts will be liquidated and funds will be hidden from you. Do not delay.

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.


Usually anything earned during the marriage is Marital property and both parties are entitled to a portion during the equitable distribution process. If you aren't sure what your husband earned and what retirement accounts he had, there is a discovery process in Divorce and we can certainly subpoena his employer and see if they have any retirement plans. You should consult with a divorce professional for further guidance.

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