Question about 401-K and restitution

[ktkb0611]

I have initiated divorce proceedings against my husband, who is currently an inmate in a Florida State prison. The restitution he owes for his crime is on his record as a lien against him. I understand that FL law states that all maritial assets and liabilities are shared equally. That being the case, if he gets half of my 401-K in the divorce, can the state take his half of the 401-K to pay towards restitution he owes? If not, would he be allowed to cash it out and use it to pay living expenses without penalty from the state?

[Attorney Howard Iken]

I believe a 401K would be a protected asset. But this is a question for a criminal law attorney.