Can a sneaky spouse draw and sell esop stock from a qualified plan to an individual IRA and have transfer on death to alternate beneficiary

[Cindy701]

My husband recently retired, he has been lieing to me for years about his finances. I trusted him. His company matched, mine didn't. I am a tax preparer and certain flags were raised. He pulled money out of the qualified plan but reinvested in a personal investment with a transfer on death to someone other than me. This year he has moved about 300k in the same manner.  And this is just the tip of the iceberg. Is this legal, can I fight It?  All his secret savings and checking account have POD other than myself. I retain home and my office, due to survivorship rights, so I will be so cash poor, I will lose both properties. I won't even be able to keep utilities on. I show 70,000 debt he has 1.5 million in investments and 500k in savings checking and cash. He has always had me pay the bills so he could do the investing. I quit paying bills 5 years ago when I caught him cheating on me. He pays nothing of mine and never has. Is all this legal? I know it is not morally right.  27 years of marriage. I had no debt he had 20,000 debt coming into the marriage. 

[Riley Britton]

I think your issue is beyond the scope of this board.  Sounds like you need a competent divorce attorney and you may have to file for bankruptcy as well and start over. Good luck!

[Lou S.]

I agree that these are questions for a competent divorce attorney. And if done right I would think you'd be able to get at least half of the assets now instead of 0% of the assets when he dies.

[Luke Bailey]

Agree with everyone else, Cindy701. Get a lawyer.

[david rigby]

Not to beat a dead horse:  not all divorce lawyers are familiar with QDROs.  Make sure yours is.