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Asked 1/17/2011
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401K withdraw without spouses consent I am amrried to a women who is currently the Respondent to a no-contact order. She has been charged with domestic violence and a trial is pending. As a direct result of her actions and after a no-contact order was issued, I lost my job. I have no idea where she is but, I do know that even though she was ordered to remain in Florida, she fled the State.
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Answer 1/1 - Submitted 1/17/2011
Under the circumstances, you'll need a court order to force the administrator to allow a single signature approval. Since Florida is not a community property state, there is no reason to believe she would get half of the retirement plan is a settlement. Coupled with the fact that she has fled the jurisdiction of the court, chances are an attorney can get the process done in a relatively quick time.
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