I left my husband Sept. 15, 2016, after I left he took money out of his 401k to pay for his living expenses.It was put in his personal bank account which I have no access to. He says I have to pay half and while I understand WI is a 50/50 marital property state I don't think this qualifies.
The answer to your question is "it depends." If you received half the 401k money, than you are going to be obligated to pay half the taxes that are due on it. If you received none of the money, than i can easily see the divorce court making your husband to be 100% responsible for the taxes due and to hold you harmless of any tax liabilites if the IRS or DOR comes after you under marital proprerty law for your share.
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