Can I press charges against my soon-to-be ex-husband for having liquidated the pension plan of our equally co-owed S-corp?

UPDATED: Oct 2, 2022

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Can I press charges against my soon-to-be ex-husband for having liquidated the pension plan of our equally co-owed S-corp?

After my husband left, my lawyer had me hire a forensic accountant immediately in early 2017. I then discovered that our pension plan set up through our ex accountant with an actuary for 10 years which we both contributed in had been converted into a money market in 2010 and put into 3 new accounts to be used to launder and then put into our business to pay off debts. I never knew about these accounts or that the fund was empty. My husband has maintained from the start of our divorce that he used the money to support us. That is not true and I have proof. I paid for all our expenses from my personal checking account. He took out over $37,000 annually from ATMs sometimes 3 times in one day. This pattern is not someone who is taking care of his family. How do I press charges? I have every bank statement of all accounts, checks made out to himself, me with my signature forged and moneys missing over $300,000. The judge in our divorce doesn’t think it matters because it was marital money.

Asked on July 30, 2019 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Misusing marital money is not a crime: for example, there have been spouses who have drained life savings and mortgaged homes to fuel gambling addictions and that is not a crime. So taking marital money for his purposes is not something for which you can press charges.
BUT forging your signature is a crime: no one may forge another's name/signature on checks. So that is something you can bring to the police's attention and look to file a report and press charges.

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