Legal Question in Family Law in Arizona

First off, have you decided to divorce? That is the only time that the community property laws kick in. Otherwise, what's yours is his and what's his is yours. Anyway, he may have an interest in your 401(k), at least the portion that was earned by you during the marriage. Also, it was used for the benefit of both spouses. The judge would probably either require that he assist in paying off the loan balance or "give" him other marital debt as an offset.

If you file for divorce, the division of your 401k balance will take into consideration any loans taken against it during the marriage so that both spouses are equally responsible.

When dividing the 401K, he will basically only be entitled to one-half of the increase in value which occurred suring the marriage. A QDRO is used to divide that amount now rather than later. The QDRO avoids the division being a taxable event or an early withdrawal.

We can certainly help you consider and then pursue your options for dissolution.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

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see our website at www.familylawaz.com