Divorce and 401k distribution

[glittergoddess]

Hi, I have a 401k and my husband signed a consent for me to withdraw my funds from my 401k. I have approximately 20,000 in my 401k. I have not filed for divorce yet, but I have the papers ready to serve on him. If I take my distribution, before I file for divorce, does he have the right to any of the money. I need to know what to do, because I do not want him to have any of my money. I have just turned in the papers fior the distribution to my 401k administrator and I am wondering if he will be able to take any of my money if I take it out of my 401k. Please let me know. Thanks.

[Mr. Knowitall]

If the money was placed into the 401K during the marriage, then it would normally be subject to division. Taking the money out then filing for divorce won't change that.