401 freeze?


#1

I have been separated from my husband for 15 months, and am seeking a divorce. He does not want one. He is convinced another man caused our downfall, ignoring 23 years of alcoholism, which really caused the alienation. He has threatened going after this other man with every cent he has, which would involve using his 401K. Since this effects me also, is there any way to prevent him from going into this account and using everything we have to pursue this? We have been married 33 years, and I fear losing everything because of this, therefore I have not filed for divorce. Can these funds be frozen upon filing for divorce, so he will not empty this fund?


#2

If you want to move forward with your divorce, you should file a claim for equitable distribution so that the court will divide the 401(k). Once you file the claim, you could ask the court for a temporary restraining order to keep him from doing anything with the funds contained in the 401(k) before the court distributes it, or you could make a motion for interim distribution of the 401(k). Usually, having an abstract fear that someone will deplete funds is not sufficient to warrant the entry of a temporary restraining order, but you should have a consultation with an attorney in your area to discuss the facts of your case further and determine the best course of action.