Roll over 401K without permission?

Can my spouse roll over or cash out his 401K without my permission? We live together but thats about it. Starting to get feeling he is going to take off! If he takes off to another State how would I go about filing for divorce and alimony if I dont have his address? Been married over 20 years.

Yes, your husband can roll over and cash out his 401(k) on his own unless he has a court order preventing him form doing so. However, if your husband were to spend the marital funds from the 401(k) before equitable distribution was final, then the full marital value (whether those funds currently exist or not) would be counted against him when the marital property is being divided equitably.

As long as you have been a resident of NC for the last 6 months, you can still file for divorce and alimony, even if your husband moves out of state. But you will need his address in order to serve him. If, after you have done your due diligence to locate him and you cannot, you can serve him by publication (a legal ad in the newspaper).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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