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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36316
Experience:  30 years as a family law lawyer .
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My husband and I are going thru a divorce. In the state that

Customer Question

My husband and I are going thru a divorce. In the state that we live, I'm entitled to 1/2 of the 401K and the Pension. I have debt in my name about 35,000.00 and I'm currently unemployed. How can I avoid ruining my credit. Can I use some of the money from the pension plan to pay every things. Will I incurr any pentalities for early retirement. Is my STBX responsible for this debt also.

Also, if we don't file our 2009 taxes jointly and I'm unemployed and I owe. Is my STBX responsible for helping and working out a plan before we file to legal separation.
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your questions.All debt regardless of name acquired during marriage is community property.Any 401k awarded to you here if cashed out early woudl be taxed/penalized as would anyone doing early withdrawal.Court should split all of this down the middle assuming it was acquired during the marriage.If marriage here was for more than five years you should be candidate for spousal support for 1/2 the length of marriage here.Remember likely all is community and all gets split down the middle including the debts.

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