Legal Question in Family Law in Ohio

Maritial problems/401k husbands

Married 18 years and found out my husband has 61,000 in credit card debt, cashed out 100k in 401k and 15,000 to the IRS. He hide all of this from me. We hae 70,000 in equity. He almost went bankrupt, but know we are getting a loan to pay off all debt. My friend got divorced and ended up with 1/2 of the 401k. Will this be both of our debt and I thought 1/2 of the 401k was mine if we get divorced.


Asked on 6/21/08, 8:04 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Maritial problems/401k husbands

Income earned during a marriage and placed in a 401K is a marital asset to be divided between spouses. The loan obligation appears to be a marital debt for which you both are responsible.

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Answered on 6/22/08, 7:00 pm


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