Marriage of Thornborrow CA1/2
Jacqueline Thornborrow (Jackie) appeals from a judgment on reserved issues following the dissolution of her marriage with Frederick Thornborrow (Fred). The trial court found that Fred breached his fiduciary duty to Jackie by cashing in his 401k retirement plan without advising her beforehand, and awarded Jackie one-half of the penalties and additional taxes incurred as a result of the withdrawal of the 401k plan. The court further found that Jackie received one-half of the benefit of the proceeds of the 401k plan prior to the dissolution of the marriage, and declined to order any additional monetary award for Fred’s breach of duty. Jackie contends she is entitled to an award equal to one-half of the withdrawn funds as a penalty for Fred’s breach regardless whether she already benefited from the proceeds during the marriage.
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