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That depends on the status of the married couple. A married individual is allowed to withdraw retirement funds early and without consent of the spouse if the fund allows it, and penalties are assessed.
The situation changes in the case of divorce. Most states follow a doctrine of equitable division of marital property at the time of divorce. If a married individual raids their retirement funds in anticipation of a divorce, the court has the power to make that individual reimburse the other spouse according to the court ordered division of property. You should consult with an attorney who specializes in divorce in your jurisdiction before taking that course of action.
What else can I help you with?
Can one spouse file for divorce without the other spouse's consent?
Yes, one spouse can file for divorce without the other spouse's consent.
Can you sell a house without spouse consent in nc?
Yes, you can sell a house without spousal consent it their name isn't on the mortgage. If their name is on the mortgage, you will need their consent.
Can you get a divorce in California without spousal consent?
Yes, you can get a divorce in California without spousal consent. California is a "no-fault" divorce state, which means that either spouse can request a divorce without needing the consent or agreement of the other spouse. However, the other spouse will still need to be officially served with divorce papers and has the right to respond to the request.
In Texas can a spouse whose name is on the deed and mortgage sell their house without the other spouse consent?
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
When can a spouse of a veteran collecting monthly pension also collect an portion of his pension?
Not until the veteran dies. The pension is the property of the veteran, NOT their spouse. While the veteran is alive, the spouse would not have any monetary claim on the veterans pension unless they divorced. Only then would she be able to make a claim on a percentage of his pension payment.
Can surviving spouse receive the pension?
In many cases, a surviving spouse may be eligible to receive a portion of their deceased spouse's pension benefits. The exact amount and eligibility criteria will depend on the pension plan's rules and the specific circumstances. It's important to check with the pension plan administrator.
In MI Can one spouse buy a property cash without the consent of the other spouse?
With cash of course......Yes... Spousal Consent would be needed if the property was to be purchased by taking out a loan in both spouses names...But there are no laws requiring spousal consent for another spouse to make cash purchases of property...
When someone dies does the pension from the retirement go to the spouse?
Whether a pension from retirement goes to a spouse after someone's death depends on the specific pension plan and its rules. Many pension plans offer options for survivor benefits, which allow a portion of the pension to be paid to a spouse or designated beneficiary after the retiree's death. However, if the retiree did not select a survivor benefit option or was not legally married, the pension may not transfer to the spouse. It's essential to review the terms of the pension plan for exact details.
Can you drop a spouse from a mortgage without their signature by refinancing?
You can refinance without the spouse but you will need their consent to do so. If the spouse is on the title of the home, the answer is "no". If the spouse is on the existing mortgage the answer is "no". If the spouse is not on title you need to indicate on the loan application that you are married, and if you don't is fraud. At the time of closing she/he would have to be present. Inform you spouse of your actions.
What is the widows pension and what amount is paid?
A widow's pension is a benefit provided to the surviving spouse of a deceased individual. The amount paid can vary depending on factors such as the deceased spouse's work history and the specific pension plan. It is typically a percentage of the deceased spouse's pension benefit or a flat amount designated by the plan.
Does a navy widow get a pension if her spouse passes away?
Yes, a navy widow is eligible to receive a survivor's pension from the Department of Veterans Affairs if her spouse passes away. The pension amount is determined by various factors including the length of service of the deceased spouse.
Can a spouse withdraw money from a joint account without permission?
In most cases, yes, a spouse can withdraw money from a joint account without permission since both parties have equal access to the funds. However, it is important to establish clear communication and agreements regarding financial decisions within the marriage to avoid conflicts.
