Legal Question in Family Law in Maryland

debt during separtation

my brother and his wife have been living separtated for about 18 months and they are filing for divorce. He borrowed $14,000 from his 401K to pay off credit cards in his name. He gave the funds to wife (after they were separated). She used $12,000 funds for plastic surgery. He still has the $11,000 in credit card debt. Does he have any recourse against his wife? or does she get to keep the cash and have he credit card debt split as marital property?


Asked on 6/01/08, 9:49 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: debt during separtation

The wife should be required to pay the money she spent on the surgery back, since her use of this was strictly personal and not authorized by your brother. If the divorce case is properly handled, the judge would order a division of any marital property that takes this into account. This could bring the 401k into the picture--since it is (completely or partially) a marital asset, the judge might adjust the respective parties' share to reflect this expenditure.

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Answered on 6/02/08, 12:18 pm


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