Legal Question in Family Law in Connecticut

Re: Divorce and 401K

Your husband can withdraw the funds from his 401k. Once a divorce action is filed, automatic orders come into play and neither party can dispose of any assets. Although a court may consider the intentional dissipation or hiding of assets before the action was filed, there is no sure way to protect against their loss. At the time of the dissolution the court will look at all of the assets of the parties and divide them accordingly. An attorney will be able to review your assets and draft a property settlement. You should also be concerned about alimony and child support while your children are in college. You must address those issues in the final agreement.

Bonnie MacDonald

203-966-8855

Re: Divorce and 401K

Once a dissolution action is filed, automatic orders are in effect that would prevent the intention dissipation of assets that you describe. However, before the filing of the action, your husband might be legally able to cash out his 401K. There is no guarantee that all or some of the assets will be recovered later. Your questions concerning the sale of the home would be answered by an attorney after review of the entirety of your marital assets, debts, income, the needs of the children, etc. Your post dissolution support should be as much of a concern as the home or the 401K. Spouses working part time without benefits are especially at risk for a reduced standard of living after a divorce. Also, be aware that educational support orders can be entered for any child who has not attained the age of 23. However, either the order or an allowance for a future motion for the order must be made part of the judgment of dissolution or you will lose the right to obtain court ordered educational support for your two children.

Keith Yagaloff, Esq.

South Windsor

www.yagaloff.com