Rosen.com features a divorce forum where people post questions that are answered by a Rosen attorney.
Earlier today the following question was posted (be sure to read the second paragraph):
“A sticky question. My stbx is working on a separation agreement and wants to include a loan against his 403B account as marital debt. This loan was taken out to pay off our taxes, one of his credit cards and partially one of mine. Technically, if it were a regular loan it would be marital. However, the payments and interest that he pays goes directly back into his retirement account. How would this be looked at by the courts?
Also, we had a signature loan that paid for me to have breast augmentation 2 years ago. He is trying to not include that loan as he claims that what it was used for could be argued as “personal property.” I just say that it is still a signature loan and is marital debt, and he just has a personal issue with paying for my “breasts.” Does he have a leg to stand on?
Thanks for any help.”
Rosen attorney Helena Nevicosi responded as follows:
“The loan from the 403B would be included as a marital debt, basically you would divide the retirement account based on the present value and make him responsible for making future payments against the account. If he agreed to the debt that was incurred for the breast implants that it is likely that will be considered a marital debt.
Helena M. Nevicosi
Attorney with Rosen Law Firm”