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GQUIZ235

Guest
I have been separeted for over 3 years. I recently found out that my soon to be ex cashed in his 401K plan in which I was beneficery right after we seperated. Isn't there a law that says that he must obtain my signature to withdrawal it? And if so, can I sue him for forgery?
 


racer72

Senior Member
Your signature is not required as the benificiary. You would only be entitled to the funds in the plan if he died. But you may be entitled to a portion of the funds as part of your divorce decree. If you live in a community property state, all property would be divided which would be determined by your states laws. But you may have waited too long. The division of property in most states is set at the values on the day the divorce is filed. In that case you would not be entitled to any of the money. There are also federal income tax issues too. You need to talk to a good divorce lawyer.
 

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