My husband filed for divorce in Mohave County Arizona. Shortly after he filed he cashed out our 401k retirement account without my knowledge or consent and plans on using all of it to open a business in Lake Havasu City Arizona. Didn’t he violate the preliminary injunction that he filed with the court? How do I go about getting my half of the 401K during these divorce procedures?
Unfortunately, it depends and only a Judge can determine if a person is in contempt. Generally, in Arizona, all assets obtained during the marriage are considered “community” assets and therefore any 401K/retirement account contributions and/or value increases made during the marriage are equally the property between the spouses. If your soon-to-be-ex spouse liquidated the account, he will owe you ½ the value of the accounts worth that accumulated during the marriage. Because navigating the complexities of 401K/retirement accounts is something that requires some level of specialized knowledge, you may want to consider scheduling a consultation with an attorney.