Do I have a right over my husband's 401k? 8 Answers as of February 16, 2012

Filed for divorce and right after my husband cashed in his 401k, do I have a right to any of it? Been married 16yrs, I live in Georgia.

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H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Be sure to inform the court about this. Also, use the discovery process to obtain information about how much he received when he cashed out. The court may decide that you are entitled to some of that money.
Answer Applies to: Georgia
Replied: 2/16/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
A 401 (k) account is a marital asset that is subject to division in a divorce action.
Answer Applies to: Georgia
Replied: 2/16/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
There is a pretty good chance that you do. The other factors are who paid the money? into it and if you worked and paid the bills at home.
Answer Applies to: Georgia
Replied: 2/15/2012
SHAPIRO LAW GROUP | ERIC L. SHAPIRO
If the funds were earned during the marriage then they are generally considered marital assets. You should have an equitable interest in any marital assets.
Answer Applies to: Georgia
Replied: 2/15/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Call your lawyer immediately. The cashing in after filing violates the court standing order and your lawyer will be able to get the money if you act quickly. You need to act today. This is an emergency.
Answer Applies to: Georgia
Replied: 2/15/2012
    Speaker Law Firm
    Speaker Law Firm | Theodore Speaker
    Yes. You could ask for 50% of the money he was entitled to. Do not share any penalty for early cash in.
    Answer Applies to: Georgia
    Replied: 2/15/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the 401(k) was built up during the marriage, then it is marital property and goes into the "pot" to be divided according to Georgia's equitable division laws.
    Answer Applies to: Georgia
    Replied: 2/15/2012
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