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Husband Held in Contempt for Violating Injunction or Restraining Order Intended to Protect Marital Assets Until Property Division Settled

By Janet Langjahr

Minnesota Husband and Wife divorce.

Court ends marriage without yet addressing all issues in the case.

Court enters an injunction or restraining order prohibiting either spouse from transferring or spending marital assets while property division is still up in the air.

Husband has a substantial 401(k) account in his name.

Husband spends $125,000 from that retirement account, without Wife’s or court’s permission.

Judge holds Husband in contempt of court.

Judge sentences Husband to ninety days’ incarceration, but allows Husband thirty days to replace the funds and thus avoid jail.

Judge also orders Husband to pay Wife’s attorneys’ fees. Either way.

Read more in this [Minneapolis / St. Paul] Pioneer Press article: Judge: Hecker must pay back 401(k) or go to jail and this EyeWitness 5 ABC-TV news article: Judge to Hecker: Pay Up or Go to Jail.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on January 12, 2010 (boomark / email).