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Asked 7/10/2009

401k draw out without spouses consent

I have a buddy that just found out that his wife drew money out of his 401k without his consent. She used his pin# somwhow to gain access to it and drew a large amount of money out, she finally told him about it months later after the mondy was spent. What are the legal ramifications against her for doing this. Ps she has had other financial issues that she has hidden from him in the past. Naturally there marriage is on the rocks. Any help would be greatly appreciated.

 
 
 
 
 
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Answer 1/2 - Submitted 12/5/2009

Legal ramifications depend on what your friend does about this. If he reports it (the theft) to the proper authorities she will be prosecuted. This will not replace the money lost nor the penalty paid on the early distribution. Your friend has to decide since the money is gone and will not be replaced whether he wants to report it. Certainly he should change the pin # immediately and I would keep all that information some place where she no longer has any access, even to the amount of money in the account.

 
 

Answer 2/2 - Submitted 12/5/2009

What she did was illegal. The husband will eiher (a) talk with her about this and "work things out", or (b) he may is he so chooses bring a lwasuit against her for the money. The fact that they are married might complicate this a bit, but she still stole the money. If the marriage fails, he definitiely should sue her for the money. He would have to prove, however, that he didn't request the money.

 
 
 
 
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