Legal Question in Family Law in Utah

401k accounts in a divorce

After 29 yrs in an abusive marriage, husband is finally gone. He stopped paying all our bills the second he left and filed for bkp. I have been forced to repay a loan that we took out against my retirement (this debt was not in his bkp). Is he automatically going to get 1/2 my retirement money? Mine is substantially larger than his. What about all the money I have spent repaying the loan over the last 18 months? Am I basically paying him 1/2 of the loan repayments I have to make every month?


Asked on 6/27/05, 11:26 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: 401k accounts in a divorce

Even tho your ex took out bankruptcy, he is not immune from his share of the marital debt. He will have to pay you at least 1/2 (if not more) of any debt left for you to pay - regardless of whether in your name or his. Furthermore, you may be entitled to alimony for the next 29 years as well as child support if there are minor children.

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Answered on 6/28/05, 6:57 am


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