Legal Question in Family Law in Iowa

Separation/401K

I have separated from my wife at her request. She has not filed any divorce papers but we have split the bills to pay off things as we were highly in debt. I took our joint bank account to which we owed over 1400 dollars. I changed jobs about three months ago and am now operating a restaurant so I cashed in my 401K at my job which amounted to a little over 1500 dollars. My wife is telling me she is owed half of those monies however I am using it to pay off our joint debt. Since there has been no divorce proceedings, do I need to give her half the money or can I continue to pay off our joint debts?


Asked on 2/02/07, 1:23 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Separation/401K

Maybe so, but until there's a divorce action on file both of you can do anything you want, or nothing at all.

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Answered on 2/02/07, 2:09 pm


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