Skip to main content

Can I sue my ex wife for half of a 401K loan we took while we were married. The loan was not mentioned in the separation aggreme

Columbus, OH |

At first I planned to just take care of it and not require her to pay anything on it, but I found out later she had an affair during the marriage. My thinking now is why should I pay the trolls debts.

+ Read More

Attorney answers 3


This sounds like a missed debt that should have been included in the agreement so you are entitled to ask her to pay for 1/2.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us at 858-720-8250 or by email at Contacting us does not create an attorney-client relationship unless we are retained.


is the divorce final? does the seperation agreement cover only seperation and only matters relating to that and do you still require a marital settlement agreeement or trial? If the agreement was intended to be final you are out of luck. If it was not intended to be final you can amend your pleadings and go after it.


Yes and no. I guess that's not much of an answer. If there was language you would each keep your own pensions free and clear of any claim of the other, good luck. If it was simply left out, it would be possible to try. You have the weigh the value. It's the portion during the marriage that would be at issue. For example, making up numbers here, if she had $1000 at the time of the marriage and $1600 at the time of termination, we're talking $600 as the martial portion(insert your own numbers). Talk to a local attorney about it. If you need a referral, you can contact me and I can give you names of attorneys in Columbus.

Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.