my ex cashed in my 401k

[ah541]

What is the name of your state?california

I worked for about 15 years and had a 401k. I have been separated from my wife for about 8 years. She has recently been doing paperwork at home for the same company and receiving her own pay. My pay is separate from hers. Recently, I quit my job and notified the company of the address to send my 401k papers that they said i needed to fill out. I never received the papers and found out that my ex has received my 401k check and cashed it without notifying me or giving me any of the money. Apparently, she signed my name. What can I do? She has most likely spent it all by now or hidden it somewhere so that I can't access it. Do I have any chance of getting my money? Any advice would be appreciated. Sincerely, Larry in Modesto

 

[Some Random Guy]

Contact the police to report this identity theft and felony theft of your retirement.

You say you are separated and then you say she is your ex. are you actually divorced? From a legal standpoint, it may not matter much legally, but you should be clear in stating your relationship with her to the police investigating this crime.

 

[ah541]

reply to random guy

No, we aren't divorced or even legally separated although we haven't lived together. I just stay away from her as far as I can. All our kids are in their 30's so thats no problem. She says she won't give me a divorce. She has given me nothing but trouble when trying to even get my belongings saying she will call the police. So, I just stay away because I have been arrested for drugs in the past, nothing recent, but want to avoid the police if I can.
My girlfriend says that my ex-boss is responsible for the money as he basically gave it to her and not me. Anyway, thanks for any info.
Larry in modesto

 

[Ozark_Sophist]

Sounds like you will be out both the 401K and the tax liability for an early payout. You are going to need to involve the police. Your former workplace will not issue an additional check.

 

[ah541]

Thanks for taking the time to answer and give your advice. Sincerely, Larry in modesto

 

[outonbail]

Thanks for taking the time to answer and give your advice. Sincerely, Larry in modesto

You may also want to take a look at you're credit report. I have a friend who is currently going through a divorce where his soon to be ex is doing everything she can to hit him in the wallet. He was trying to purchase another home and discovered negative marks on what he thought was a pristine credit history.
His soon to be ex took out three credit cards that he is responsible for without him knowing it. It took her all of a month to max out every one of them. I'll give you one guess as to how many payments she made on them.
She also signed his name on his income tax refund check and evaporated those funds in record time as well.

So if you're ex is taking you're 401K money, there's no telling what else she may be helping herself to, at you're expense. So look into it and make sure you cancel all joint credit cards and close any joint bank accounts you may have had. I would also recommend you check to see who you're beneficiary is on any insurance policies you may have, take her off and possibly name you're children as the beneficiaries.

 

[ah541]

Thanks for the advice outonbail, Yes I have sent away for those credit reports because last week I got a collection thing in the mail here in Modesto addressed to me for a credit card she has maxed out. She even put a password on my credit file so that I couldn't access it over the internet, so I had to have them mailed to me. So, God knows what else she has done. I'm not paying them either regardless of what they do. I don't have anything else she can take as she kept everything when I left. I should have taken care of the divorce a long time ago instead of just procrastinating for all this time. Now I wonder if having these collections will make divorce any longer or will it go through in 6 months. That's my goal at this time, to make it legal. I guess I need to see an attorney or something.

 

[Betty]

Yes, get yourself an attorney. Also, you do need to make a police report on the identity theft.