This all depends on the plan document. It the plan requires spousal consent for distributions, he could not have taken without your consent. It it does not he can, and did. So It would be assumed the plan does not require your consent. His plan is not defined as "yours also".. unless there is a divorce and a domestic relations order awarding you some of the money, or he passed away.. it is his. Though they are considered a marital asset as long as you are still married upon withdrawal he can do as he chooses with it. An IRA does not require any sort of spousal consent. Since there appears to be no tort involved, unless the plan did require your consent and he forged your signature, a lawsuit would not likely be successful.

No. the 401K law does not require spousal concent to rollover.

Something don't sound right here. I would look for the paper trail. How can you lose 100% in an IRA? The stock market has been going up for the last 2 years. I would want to see the transaction history on the account to see where the money went in at, how much went in and what it was invested in over the past 2 -3 years. I have a casino that is 12 miles from my house and I have already heard the urban legends of people losing their homes and retirement in the course of a few months in that place.