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Simple, yet complicated. :)

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Mjolnir

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

Heading toward mediation over this. Married 15 years. At issue, is her student loans which she asserts went to pay living expenses. She quit her job to go back to school and the student loan amount is approximately half of her salary of 2 years away from work to attend school. During this time, we lived on my salary, and credit cards. We were "sinking" in that the credit cards were maxed so I cashed in the 401K I had with my employer. Wiped it out. It was nearly double the amount of her student loans.

Post graduation, her salary tripled. The marriage broke up 1.5 years after she graduated. I hardly benefited... Originally, I was not going after her 401k and I had taken the larger of the two credit cards as "mine". No settlement agreement has been signed, but we will now divide all debt, and I will take half of her 401k, from my perspective. She has been making payments on the car, and has exclusive use of it. She can deal with it.


*Other circumstances: Her parents lived with us for 6 years, which was the main issue of why the marriage ended. One of them worked part time. The other did not at all but did provide (bad) daycare after school. Basically, he sleeps all the time. We certainly had to have a larger home and provided living expenses for them. We also provided a new car for them. My mother in law can't drive, but my father in law can. So he took her to work.

Question: Am I on the hook for her student loans without her being responsible for my 401k? They both went to the same thing, and I currently have NO retirement. I will need to rebuild.

Thanks.
 


justalayman

Senior Member
No settlement agreement has been signed, but we will now divide all debt,
You said you are dividing the debt so that would mean you are responsible for half her loans.

what are you asking about the 401k? it's gone.


You don't get to go back in time and split up what was spent during the marriage. You take a static accounting of the current assets and debts and work with that.
 

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