ex trying to get me to sign off on alot of money

[ljd7492]

What is the name of your state (only U.S. law)? IL

My soon to be ex is trying to say that i owe him half of my 401K that we emptied out about 4yrs ago to pay off credit cards. There was only about 10thou in there. He is saying that we used the money to pay off credit card bills that I racked up. Which is untrue it was mutual. My gfather whom he has never met sent us about 8000.00 3yrs ago as a gift and we spent that paying off furniture and appliances for the new home. He is saying that I owe him half of that money and he wants a claim to it. HE is saying that it was me who spent it. Am i not right in thinking anything spent during the marriage is maritial debt etc. Does he have claim to the above??

 

[CMLANDLORD]

You are talking about monies already spent correct? Husband is trying to say you HAD $10K in your 401K prior to paying off marital debt and wants 1/2 of what you HAD now. Doesn't make any sense. He has no claim.

 

[MFinancier]

What is the name of your state (only U.S. law)? IL

My soon to be ex is trying to say that i owe him half of my 401K that we emptied out about 4yrs ago to pay off credit cards. There was only about 10thou in there. He is saying that we used the money to pay off credit card bills that I racked up. Which is untrue it was mutual. My gfather whom he has never met sent us about 8000.00 3yrs ago as a gift and we spent that paying off furniture and appliances for the new home. He is saying that I owe him half of that money and he wants a claim to it. HE is saying that it was me who spent it. Am i not right in thinking anything spent during the marriage is maritial debt etc. Does he have claim to the above??

Well..not ALL debts are marital...if they didn't benefit the marital "enterprise"...but in your case it doesn't sound like your STBX has a clue. Unfortunately it sounds like you have transmuted the gift from your GF...but you could point out to your STBX that he wasn't entitled to ANY of it in the first place (if it was your GF). Just gather all your records and keep them in a safe place...and wait until your SBTX talks to an attorney and finds out...he's barking up the wrong tree. Good Luck!

 

[mistoffolees]

What is the name of your state (only U.S. law)? IL

My soon to be ex is trying to say that i owe him half of my 401K that we emptied out about 4yrs ago to pay off credit cards. There was only about 10thou in there. He is saying that we used the money to pay off credit card bills that I racked up. Which is untrue it was mutual. My gfather whom he has never met sent us about 8000.00 3yrs ago as a gift and we spent that paying off furniture and appliances for the new home. He is saying that I owe him half of that money and he wants a claim to it. HE is saying that it was me who spent it. Am i not right in thinking anything spent during the marriage is maritial debt etc. Does he have claim to the above??

Probably not. How is he going to claim something that isn't there?

He'll get half of the marital component of the 401K. If the 401k is zero, he gets zero.

Even if you racked up credit card bills and used the money to pay them off, that's still marital debt in most cases and using marital money to pay off marital debt is allowed.

Two pieces of advice:
1. Stop worrying about the demands your stbx makes. If I lost sleep every time my ex demanded something absurd, I wouldn't have slept for about a year.
2. Take a financial management course. Any time I see people emptying a 401K to pay off credit card debt, it's a sign that they're in for a horrible future. There are a few rare exceptions, but it's usually a sign that you need to learn to manage your money.

 

[VeronicaLodge]

What is the name of your state (only U.S. law)? IL

My soon to be ex is trying to say that i owe him half of my 401K that we emptied out about 4yrs ago to pay off credit cards. There was only about 10thou in there. He is saying that we used the money to pay off credit card bills that I racked up. Which is untrue it was mutual. My gfather whom he has never met sent us about 8000.00 3yrs ago as a gift and we spent that paying off furniture and appliances for the new home. He is saying that I owe him half of that money and he wants a claim to it. HE is saying that it was me who spent it. Am i not right in thinking anything spent during the marriage is maritial debt etc. Does he have claim to the above??

he can "say" all he wants, but it was taken out during the marriage and spent on marital debt racked up during the marriage. it wont be part of the property settlement during the divorce.

 

[LdiJ]

What is the name of your state (only U.S. law)? IL

My soon to be ex is trying to say that i owe him half of my 401K that we emptied out about 4yrs ago to pay off credit cards. There was only about 10thou in there. He is saying that we used the money to pay off credit card bills that I racked up. Which is untrue it was mutual. My gfather whom he has never met sent us about 8000.00 3yrs ago as a gift and we spent that paying off furniture and appliances for the new home. He is saying that I owe him half of that money and he wants a claim to it. HE is saying that it was me who spent it. Am i not right in thinking anything spent during the marriage is maritial debt etc. Does he have claim to the above??

He is nuttier than a fruitcake. He can't ask for 1/2 of money that was spent years ago, no matter what it was spent on.

 

[MFinancier]

He is nuttier than a fruitcake. He can't ask for 1/2 of money that was spent years ago, no matter what it was spent on.

LOL...I just love that saying! ....but I actually LIKE fruitcake!

 

[LdiJ]

LOL...I just love that saying! ....but I actually LIKE fruitcake!

Don't tell anybody, but I do too.