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Asked 7/19/2011

I owe my x husband half of my 401K approx. 16K...

He was an abusive, out of work, bum! The main thing that drove me to divorce him is he punched my daughter in the face!

As you can see, who would want to give a man like that their hard urned money. So.. I spend it... not all, but some.

How will this work out when he takes me to court for his money. I know he will.

Also, he hasn't even signed the divorce papers. Is he intitled to the money prior to signing the papers?

 
 
 
 
Answers

Answer 1/2 - Submitted 7/31/2011

He's not entitled to anything. He should be reported to the police, arrested, and tried for assault and battery. After that, your daughter, and you should bring a civil action against him in tort for domestic abuse, assault, and battery. You should seek compensation of at least half a million dollars.

In the divorce, you should seek a restraining order on the grounds that a criminal complaint and affidavit have been filed with the district attorney for assault and battery, and it's essential to your family's safety that he either be jailed or placed under strict orders not to come within 100 yards of you or your daughter pending the criminal prosecution you are seeking.

You should also file a complaint with the child protective agency in your city regarding the assault and battery upon your daughter.

You yourself should file a complaint with the domestic violence department of the district attorney's office, regarding the abusive attacks, both verbal and physical, which you've been subjected to in your home.

In the divorce, you should seek alimony, child support, and 100% of all marital property.

You should report him to the FBI based on threats made to you and your daughter, past felonies committed upon you in your home of a violent nature, and the possibility of further trouble by way of retaliation during the pending divorce and criminal investigation.

 
 

Answer 2/2 - Submitted 8/2/2011

If you are still married, and you spent the money, he can no longer get it, because it is gone. If you have a legal separation and you were prevented from disposing of any assets, you may have a problem.
I assume that the divorce is because of the abuse, but you should report the assault to the police. This may give you some leverage.

 
 
 
 
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