Depending on the laws in your state. He may be entitled to half of your 401k. As far as "asking" that your H make the house payment until the D is final, I would not "ask", I would put in my Complaint as a matter of fact along with informing the court that his infidelity is the cause of the D. In my state, and it of course varies from state to state, infidelity is a big NO NO and the court really sympathizes with the victim and the H takes quite a hit on bills and settlement. Also, you have the issue of custody. If you want custody of your daughter, you need to petition for it. This is based on past experierence.