Ex Wife won't pay shared debt, but there's a twist

[DougNeedsHelp]

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

About 3 years ago while I was still married, my ex and I took out a $20k loan against my 401k so that she could relocate for an internship and to help pay for other bills coming in. The 401k loan is only in my name and is not outlined in the divorce decree, a mistake on my part for sure. For about a year after the divorce, she was paying be back for her half of the loan, however in 2015, she quit her job and stopped paying me her half. We've traded dozens of emails back and forth discussing her getting back on track and promising to pay me for her half, but now a year later (and her employed again), she has not continued paying for her portion, nor paid me back for the roughly $2k she owns me in backed payments. What are my options? Do I have a legal case? I know it’s not outlined in my decree, however I've been told that written agreement is a binding contract.

 

[STEPHAN]

Do you have a written and signed agreement or just e-mails?

 

[Ohiogal]

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

About 3 years ago while I was still married, my ex and I took out a $20k loan against my 401k so that she could relocate for an internship and to help pay for other bills coming in. The 401k loan is only in my name and is not outlined in the divorce decree, a mistake on my part for sure. For about a year after the divorce, she was paying be back for her half of the loan, however in 2015, she quit her job and stopped paying me her half. We've traded dozens of emails back and forth discussing her getting back on track and promising to pay me for her half, but now a year later (and her employed again), she has not continued paying for her portion, nor paid me back for the roughly $2k she owns me in backed payments. What are my options? Do I have a legal case? I know it’s not outlined in my decree, however I've been told that written agreement is a binding contract.

This should have been covered in your divorce. As it was not, you have issues. You will probably not be able to collect on it as it dates back to PRIOR to the divorce which was to have dealt with ALL issues of the marriage.

 

[DougNeedsHelp]

Do you have a written and signed agreement or just e-mails?

Just emails.

 

[Zigner]

Since she wasn't legally required to pay you the money in the first place, her "promise" isn't enforceable. You can consider yourself lucky that you got more than you were entitled to in the first place.

 

[DougNeedsHelp]

Divorce aside, if someone owes money to another person and agrees to pay that money back in an email, is there not a agreement in place?

 

[Zigner]

Divorce aside, if someone owes money to another person and agrees to pay that money back in an email, is there not a agreement in place?

The problem is that she DOESN'T owe you money and that's BECAUSE of the divorce. She's been giving you money out of the kindness of her heart (so to speak), not because she has any legal obligation to do so.