Expert: Robin Sexton - 7/11/2008

Question
My now ex-husband forged my name on a loan check in the amount of $10,000to from my 401k acct. in November of 2006. He deposited the check in our joint checking acct. and then transferred the entire amount into a money market acct. in his own name. I filed for divorce in December of 2006 and it was finalized in March of 2008. I am currently still paying back the loan from my 401k with interest. My question is, if I file forgery charges against him, will he be liable to repay the $10,000.00 back to me since it was not specified in the final divorce decree.

Thank You,
Renee`

Answer
Renee,

Any restitution would be up to the court.  If the court ordered then yes it would be outside any divorce decree.

This will not be an easy case to convince either the police or prosecutors to take because of the marital property.  A lot will depend on your states laws regarding property and what if anything was decided in the divorce settlement.

Good luck

robin