Evidence that husband improperly spent a portion of his monthly income on his girlfriend did not permit dissolution court to allocate depleted 401(k) retirement funds that were properly used, such as for attorney fees, and therefore, only depleted marital funds that should have been be allocated to husband in equitable distribution were those that the trial court found were spent on his girlfriend, not the 401(k)’s entire previous balance.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com