Separation secondary to alcoholism


#1

I will try to sum this up in a few sentences, my husband is an alcoholic, been to tx before, so many broken promises (over the course of the last 15 years) we have separated several times and most recently in January, he has no driver license because of 2 or 3 DWI, last time lost them for 3 years, and just recently stole my car and wrecked it getting another DWI, driving while licence revoked and leaving the scene of the accident, he also comes to my house and has taken 2 income tax refund checks from my mailbox, one he forged my name on and paid his rent with, the other he refused to give me until I gave him a large part of it, he has refused to sign a separation agreement because he wants half of my retirement and 401K, there is a significant amt of money in these accounts, however he has not worked I work 2 or 3 jobs to take care of our children because he can’t keep a job because of his drinking he says he stayed home to care for the children, they are now teenagers but less than 16 and actually demanded that he leave this last time. It took alot to get my car from impound and of course I have to pay to get it fixed, he has agreed to sign a separation agreement now, my question is would I be liable for spousal support, do I have to give him part of my retirement and 401K, how can I just get him out of my life, if he has no job and (he gets them every now and then) how will he ever help with the children’s education or anything else.


#2

You may be liable for spousal support if he files a claim for the same. If you have him sign an agreement that waives support, he cannot later seek an award of the same. You do not have to split your 401(k), and if he signs an agreement waiving his interest in the same, he will not be able to seek a portion of the account in the future.