after legal seperation, does the ex have any claim on personal or business finances?

Question

i am asking for a friend. they have been living seperately for two years but not LEGALLY seperated. three kids are involved... 19, 15 & 13 years old. he owns a business and she works full-time. the thing is, she has been shacked up with another guy for the two years. so, what claim does she have on his personal finances, if any??? and does she have a claim on his business prior to the date of seperation? (she did work with his for a while).

Answer 1

I am speaking from my experience in Canada but my sister just went through a divorce in Las Vegas, Nevada and the law was quite similar. She definitely would have a claim in the business and any money in the bank that was there before their separation. All she has to do is take it to court. Even when one of them file for either a legal separation or divorce all assets accumulated after their marriage are usually distributed evenly as well as any bills up to the day they separated. The lawyers take everything into consideration like whether she contributed to the business in any way, who is caring for the children etc. and in Canada at least, money can be turned over for unpaid child support etc. If you can't come to an agreement quite often it is suggested that all assets are sold and whats left after paying the bills is distributed evenly. You also have the option of one spouse buying the other out. Sometimes more money is awarded to one spouse if they can prove that their standard of living has been affected by the separation. He really needs to see a lawyer about all of this because it can get pretty messy and complicated. For example in Canada even after a divorce you can still lay claim to half or your ex spouses pension. ( unless this law has been changed very recently ) He really needs to get something legalized and on paper.

Answer 2

I hate to say this, but...she needs a lawyer - quickly. There are so many legal issues here to be answered, such as:

1) Who has custody of the kids, and has there been any support paid?
2) Was she paid when working for the business?
3) Did he start the business while they were married?
4) Did they divide property when they "separated"?

So much depends on the state in which they live, as well.

--j.

Answer 3

first of all, i am from Canada so this might not be the case where ever you are, but I'll give you my two cents anyhow lol

as soon as one person leaves the marriage without the intent of returning .. they are legally separated.

if they did not equalized their property upon separation, she may do so. whether or not she is in a new relationship has no bearing on the rights that she has a result of the breakdown of her marriage.

if he owned the business prior to becoming married, she would be entitled to part of the equity in the business accrued from the date of marriage to the date of separation. the tricky part with this, however, is that the business would have to be appraised for both dates.

you friend should consult a lawyer who practices family law in her area (preferably one who offers free consultations) and find out if it is worth her time and money to try to equalize the family property now.

best of luck

Answer 4

Yes! Anything that was aquired after "I Do" is part his and part hers! It depends and varies greatly in what state she/he lives in about the children and who gets to claim the children for tax purposes and anything else! This will be an on going battle I'm afraid unless the two parties can agree~ Good luck to your friend!