It depends. If there are enough assets to give the wife half of what he withdrew (because that's her equitable share) then probably yes. If they are financially at risk, then no because H would be dissipating a marital asset.
When in doubt, either work out a consent order with your adversary or file a motion.
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Marianne Auriemma Esq.
Maywood NJ
(201)712-9663
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Original Message:
Sent: 05-15-2014 10:33
From: Eric Hannum
Subject: 401k withdrawal
Hello Everyone,
Does anyone know if the Court will allow a participant spouse to remove funds from his 401k or is this not permitted. TIA
Best,
Eric
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Eric Hannum Esq.
Jackson NJ
(732)370-9596
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