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Okay my hubby and i are having a lot of problems .Pretty much on the verge of divorce.I am 26 yrs old and have been married 2 yrs most of which has been not so happily.We have a daughter who is 1.5 together.I make a more money than my hubby by a considerable amount .But in the begining of the marriage we both made about the same and my hubby was very protective of his money so we only have one joint account for bills, morgage payments, and other things pertaining to the house all of which would be split 50/50 in payments(this was his idea) .For everything else we have personal accounts. I run my own buisniess(interior design) along side my moms land scape design . I also do real estate doing house flips, renting places out, and have other investments in other family memebers small buisnieses.In a divorce can my hubby try and take money from me?

2007-02-18 03:30:17 · 26 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

I dont want any money from him not even child support!My mom said i should start putting some of my accounts under her or my fathers name so he can touch it?

2007-02-18 03:35:11 · update #1

We live in NJ

2007-02-18 03:45:10 · update #2

26 answers

he might try but if you have a good lawyer he wont succeed. assuming you will have the care of the child he should still pay you maintenance!

2007-02-18 03:34:31 · answer #1 · answered by Anonymous · 0 0

If you didn't sign a pre nuptual agreement yes. If you made the same amount of money when you were married and now you make a lot more and no pre nup. yes he can, will he do it I don't know only you can. But he would be entitled to have of everything you obtained together during the marriage. It would be in your best interest to talk to a lawyer and find out what you can do with certain money investments you have, do you have children? or someone you trust with your life? I am asking because if you can temporarily put money and investments in a child's name, I don't believe he can touch that. After the divorce is final change it all back into your name. It would be better if the child if you have one is under age and you can hide your money and investments in the child's name, you probably have an accountant talk to him first and ask him how you can go about putting money and investments away so he can't touch it, in the event that you do divorce. I am not sure he will sign a pre nup now and this may flag him that you do have money to hide so that may not be a good idea. You could probably hide money in your family buisness as long as you sign papers with them that it is to be transfered back to you via lawyer upon the divorce being finalised. I hope this helped, take care HEather

2007-02-18 11:42:30 · answer #2 · answered by Anonymous · 0 0

The laws governing all this are different in all 50 states. In some states, yes, he can go after your money while in others, he's up that famous creek. DO NOT accept the advice of ANY person other than a skilled divorce lawyer. Yes, the laws are that complex. If you're as successful as you say you are, you cannot afford NOT to do this the right way - with a good lawyer's help. Make sure the lawyer is not an acquaintance of friend of your hubby... It's really too bad, but sometimes, people do grow apart. Try and be civil - but cover your behind, too!

2007-02-18 11:42:30 · answer #3 · answered by Anonymous · 0 0

I suggest you make sure you have copies of all contracts with any other people pertaining to these business connections before you leave your husband. Keep all of your money separate if at all possible. Keep all receipts or copies of said receipts on any larger purchases. Dont sign to sell any stock or bonds. Get a good attorney and a financial advisor to give you a estimate on what is "community property" and what isnt. Your hubby may have done you a favor when he insisted on having separate accounts in the longer run of things. Remember any credit card bills will be split by the divorce so try to keep close tab on them. Try to get cards that are in your name only before you leave if possible. Then you have a job, your side businesse and credit.

2007-02-18 12:11:34 · answer #4 · answered by elaeblue 7 · 0 0

The judges will order both of you to turn in your numbers. It will not matter if you had separate accounts or not. It will all be used to determine how marital debt will be distributed, child support and so forth. I recommend that you don't try nothing funny as the judge can request this information from your banks through a court order. If he obtains this info and it conflicts with what you submitted through your attorney you will be in very bad shape. You seem to be more protective of you money than saving your marriage. I suggest that you talk with your spouse about proceeding through a non-contested divorce. Some you can even have packets delivered to you for you and you spouse to sign. The paperwork will be respective to the state you reside as this would be the state that would issue your decree. It's very inexpensive and expedient if your spouse agrees to end the marriage with terms that are fair to both of you. My last suggestion is to give your money to your parents or third party as a "gift" to collect after the decree is signed. It may be of further interest to you to have a legal contract with this 3rd party (this poses a liability to your divorce once you complete this step) to have this money deposited in a high interest bearing account to be withdrawn later. You will be required to sign a disclosure statement stating that you have no funds or assets circulating elsewhere. Once you submit this statement to the court, you will be in jeopardy. Pray that it never comes out. I'm giving you your options and the implications.

2007-02-18 11:55:55 · answer #5 · answered by vince 3 · 0 0

Here in SC everything is split, it doesnt matter why one gets a divorce. So yes, he can get half. I would start putting money aside for yourself and your child. I would conceader putting your business in your mothers name and fathers name . That way He would only get 1/3 or 1/4 depending who all is on the name of the business. I would also conceder selling the Business for a $1.00 to you mom and drawing a paycheck until this is settled.
I dont know if it would work but you can try....
Also get a lawyer

2007-02-18 13:18:25 · answer #6 · answered by Grogan 5 · 0 0

Sorry things are not working out. As always things will depend on the laws of the state that you live in, and the mood of the judge.
Now for the part of the answer you'll hate me for. Women have taken half of men's money and property for years in divorce cases. This is the 21st century and thing are changing, it works both ways now. You didn't ask about this but I'll throw it in anyway. If the marriage is that bad just give him the money and get out. You'll always make more money, and it's not worth hanging on to it if you are unhappy.

2007-02-18 11:43:07 · answer #7 · answered by Michael C 5 · 0 0

Hi after two divorces, in Canada so if you are in the US the rules may be a bit different, my understanding is that what you accrued during the marriage is joint property but assets that you held before the divorce are yours subject to any increase in value of those assets being split between you. From a practical standpoint it depends on how aggressive each party is and how willing to go to court you are. Best advice I can give you is to talk to a number of lawyers specializing in divorce law and choose the best one, even if the first one you talk to is excellent talk to a lot of the others as any you talk to can not act for you husband.

I hope this helps.

2007-02-18 11:38:46 · answer #8 · answered by Charles C 1 · 0 0

Yes anything gained while married is 50/50 on either side...although there are ways to protect your money add a trusted someone in your life to your other accounts...then he can't touch what's in those...But you have to keep a respectable amount in the joint....Using your daughter on savings accounts is a good idea for the checking you must add someone on....but be sure you have a contract (legal) with the other person on the funding....once divorced take them off immediately!!! You won't have to wait for divorce just need "Legal Seperation"

2007-02-18 11:37:47 · answer #9 · answered by esmccann2 2 · 0 0

Sounds like your husband has an issue with trust. Ask yourself why he feels like he must be so protective of his money. You think he feels like you are going to leave him and he won't have have a thing left to support himself? I'm sure he must feel a little insecure because you make so much more than he does. Help him to see that your marriage is not based on income and try to find a way to trust you. If you really love him and want to stay married and there is not trust in your marriage, It's not going to be a happy one. Might as well end it now, and get on with you life.

2007-02-18 11:55:22 · answer #10 · answered by Carolyn 1 · 0 0

He can probably try, but considering you have a child together he would be wasting his time more than likely. I have learned in the past that whatever you have before marriage is yours, anything aquired after marriage is a marital asset. At worst you would have to buy him out of his half of your assets or sell them and split the money. As far as your business, sounds like you will be ok there. Best of luck.

2007-02-18 11:36:40 · answer #11 · answered by tlc4irs 2 · 0 0

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