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getting divorced due to threat of bodily harm

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greyhoundlady

Junior Member
What is the name of your state (only U.S. law)? Maine
My husband are going to get divorced, he threatened to kill me because he thinks I am messing around with someone else (I absolutely am not!), my question has to do with what I should do about money that I recently took from my 401k, we were married for two years and he only worked briefly due to a disability (emotional). Is he entitled to any of my 401k money, I earned this over the last 21.5 years at a job that I recently was let go from due to the company moving over seas. This is the only money I have left, he comes from a family that is well off and receives disability checks every month, I am his payee due to the fact that we were/are married. He claims to still love me but I will not stay with a man who threatened my life by shooting me in my sleep. Should I take the money out of the bank account that is only in my name?
I appreciate any good advice in this matter.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Maine
My husband are going to get divorced, he threatened to kill me because he thinks I am messing around with someone else (I absolutely am not!), my question has to do with what I should do about money that I recently took from my 401k, we were married for two years and he only worked briefly due to a disability (emotional). Is he entitled to any of my 401k money, I earned this over the last 21.5 years at a job that I recently was let go from due to the company moving over seas. This is the only money I have left, he comes from a family that is well off and receives disability checks every month, I am his payee due to the fact that we were/are married. He claims to still love me but I will not stay with a man who threatened my life by shooting me in my sleep. Should I take the money out of the bank account that is only in my name?
I appreciate any good advice in this matter.
1/2 of the 401k that accrued during the 2 years you were married would be marital property, but that is all.

If you took all of the 401k money out of the account, see a tax professional to make sure that you are fully covered on taxes, before determining any share he might have in it. Often the custodians only withhold 10%, which only covers the penalty, not the actual tax that would be due. They often rarely withhold state tax either.
 

greyhoundlady

Junior Member
After many talks and me understanding the reasons for his behaviour my husband and I have decided to stay together. I was under a lot of stress when I asked for advice and have come to realize that I was taking the entire situation out of contect. Thanks for the advice though.
 
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