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  1. #1

    Default Where Do I Start?

    My wife filed for divorce and TRO against me last April. I had a drug problem. I cashed my 401k in, we agreed to split it (although her lawyer said that she would be legally entitled to 70% bc of creulty and unusual circumstances). I let her keep my portion due to sticking her with the kids, house payment, car payment, etc. I'm about to file for bankruptsy and our divorce is not final. There is a chance we could reconcile. Do I have legal claim to any of the money I gave her from my 401K? This also helped me by not placing a court ordered child support payment on me. She has been able to keep up with payments. Just not sure if I should pursue the divorce/dissolusion prior to bankruptsy or vice versa. Any help is appreciated. I would like to stay married, I live in Ohio

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Where Do I Start?

    It sounds like you made a gift of money to her to avoid having a child support payment, so I do not expect that you would have any ability to force her to give it back.

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