Legal Question in Family Law in Massachusetts

I am currently going through a divorce, can I legally take money out of my IRA for personal use?


Asked on 5/14/11, 2:23 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

This is an area with no clear answer. Once a divorce is started there is an automatic financial restraining order that limits spending. Of course you can spend money to pay living expenses. However, you should not be able to take money from investments if you have other choices. The safe answer is to get permission from spouse or judge.

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Answered on 5/14/11, 2:38 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

It is impossible to provide actual legal advice specific to your situation on a forum like this, but it can safely be said that there is an automatic restraining order while divorce is pending. You can continue with your normal spending patterns, but I would assume that a partial liquidation of your retirement account would be a violation of the restraining order. Get agreement from spouse or permission from the court,

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Answered on 5/15/11, 7:20 pm


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