In virginia, in divorce cases does the husband and wife split money that they came into the relationship with?

Question

does the 50/50 split apply to cash i had prior to the marriage? i know you have to split assets but in case of cash that earned before getting married, do you have to split that? and if i took it out and used it, how far can the courts look back to include it in allimony?

Answer 1

In NC it does. Unless you have a prenup. Or a postnup. Though inheiritances are not as they are somehow different. And often businesses aren't split. That's up to the divorce lawyers to argue over. But all cash money is, house, cars, etc--even if you owned 3 Mercedes prior to the marriage.

And lets say, you have a million dollars in your account and she files for divorce. You take it and move it to a different account. Your assets can be frozen until they find the money.

Most people who were rather well off before hand --like those who get married later in life-- sign something to protect their interests. If you don't, it can all be split.

Alimony is what you have to pay her each month/year to live on and has nothing to do with splitting assets. Thats to cover the difference in style of living. If she was used to living the grand ol life, you have to make sure you keep giving her enough to live that same lifestyle.

It's an old system really and mainly has to do with women not working b/c they were housewives and raising the children. It would save the family money to not have kids in daycare but then if he divorces her, she has 10 yrs out of the workforce. 10 yrs less in her own individual money and 10 yrs less experience to get another job with.

In cases where both people work, no kids, dual careers, alimony is dropped frequently now days.

Answer 2

I'm not a lawyer but I believe the only things that have to be divided are things acquired during the marriage, in any state. That only makes sense right? If you had money before you met then it doesn't belong to them, it's yours, you had it beforehand. Fight for your rights if it comes to it!

Good luck,
Tori

Answer 3

This should not be considered legal advice and you should consult a lawyer for advice. However, in VA, property is either separate, joint or hybrid. If you can trace separate property before the marriage, you may be able to keep it. But, if separate property is commingled with other property, you may have the property evolve into part separate and part marital. Please visit my site:www.montagnafamilyandcriminallaw.com.