Married couple. Woman is a housewife. Man works. Man deposits all money from his 6 figure salary in a personal account, gives wife a few hundred for gas and groceries. He pays mortgage, car, utilities, and won’t disclose spending on the rest.
He plays all kinds of power games w the money. Woman is right to point of divorce.
What legal right does the woman have to the rest of that money?
Can she prove and document the work she does around the house? </not a lawyer but I took a law class once>
[QUOTE=JohnnyCache;2676515]Married couple. Woman is a housewife. Man works. Man deposits all money from his 6 figure salary in a personal account, gives wife a few hundred for gas and groceries. He pays mortgage, car, utilities, and won’t disclose spending on the rest.
He plays all kinds of power games w the money. Woman is right to point of divorce.
What legal right does the woman have to the rest of that money?[/QUOTE]
Depends on the state they live in. Some states it’s an equal split no matter what just because they are married other states not so much.
If the children stay with her the woman is entitled to child support money. Some states have a schedule explaining how much this is by number of children and income of the spouses.
If she’s a housewife and has had children with him she is likely entitled to alimony which is to pay her to maintain a standard of living that she is used to, though what is, and is not included varies by state to state.
In connecticut, if he had a pension she could go after part of that asset.
Obviously anything he’s earned since the marriage started is potentially accessible. For assets prior to that the laws vary state by state.
If she is on the deed to the house she has a fairly strong claim to force a sale of the house and a splitting of the proceeds.
The bottom line is that she needs to go talk to a divorce lawyer immediately. She also needs to start copying his financial records and having them stored in a safe place in case they “disappear” immediately after divorce is brought up.
what about short term? Like to get some money to buy some damn food.
Lawyer. That’s is it. Seriously, unless she is on any of the accounts she can’t access money. If she wants to say abuse, she’ll have to involve the authorities and she’ll need a lawyer.
If she uses his card, it can lead to trouble.
Here is a three year old question that is similar to where this thread may lead.
http://www.avvo.com/legal-answers/can-my-husband-press-credit-card-fraud-charges-aga-13676.html
http://www.ehow.com/info_7806727_can-spouse-use-credit-card.html
My wife has little trouble and I have none, she has a gender neutral name if we uses our cards. If she has the same last name she could make purchases.
Going to the bank? Only if her name is on the account.
[QUOTE=JohnnyCache;2676560]what about short term? Like to get some money to buy some damn food.[/QUOTE]
Time for her to talk to a lawyer so he can tell her what can be done in her state. Anything else may be well meaning but unhelpful especially if she doesn’t have her name on any of the accounts.
Half!
Wait… you mean to say that he is the sole provider, gives her an allowance, and then you ask what legal leverage she has in divorce?
None.
Really though, she’d get half of all his assets and custody of his children, while demanding child support for years.
Sam has the good word JC.
Having been on both sides of this issue, with lawyers hired from two states, the best is that both have good lawyers and an impartial good judge willing to hear both sides and rule accordingly.
I paid dearly for the right to write so long a sentence (-:
[QUOTE=Bruiser;2677218]Wait… you mean to say that he is the sole provider, gives her an allowance, and then you ask what legal leverage she has in divorce?
None.
Really though, she’d get half of all his assets and custody of his children, while demanding child support for years.[/QUOTE]
Great. I’d agree with you if you don’t mind being a pet dog that also has ability to clean, cook and raise kids.
This is another clear example of the Straight Agenda at work. The feminazis are trying to ban gay marriage so men will have to marry them instead, just so women can sit around all day doing nothing and then take all of the man’s money when they feel like leaving.
[QUOTE=TheMightyMcClaw;2701430]This is another clear example of the Straight Agenda at work. The feminazis are trying to ban gay marriage so men will have to marry them instead, just so women can sit around all day doing nothing and then take all of the man’s money when they feel like leaving.[/QUOTE]
This shit had me rollin’ dude.
She has the right to go make her own money.
[QUOTE=jdempsey;2701454]She has the right to go make her own money.[/QUOTE]
That she does, but these things are never black and white and with out the whole story its hard to say where the moral line sits.
She most likely has been out of the workforce for years and has not been advancing marketable skills because of the arrangement she has with her soon to be Ex.
[QUOTE=jdempsey;2701454]She has the right to go make her own money.[/QUOTE]Yep and the courts say she has a right to make “his” money hers.
Well, the whole idea is the woman could have went out and made her money too, except she didn’t because husband didn’t want her to or had to raise both of their kids and look after the house, well because someone has to. Thats the idea. Not sure how well that works out, especially if she wouldn’t have done much if she were on her own to begin with.
Someone on reddit answered this question in a very cool way, I can’t link it cause I can’t access it here at work but to paraphrase.
Her legal right to it is the simple fact that she had to give up her existance or her means to provide for herself i.e. a job and or an education to be the “woman” of the house, because of this she is entitled to a means to provide for herself now that you no longer want to be that support structure for whatever reasons you opt to get a divorce.
I kinda have to agree with that statement albeit like most men I don’t know how comfortable i’d be having to provide for a woman I no longer want in my life.
[QUOTE=gileanofgrey;2845587]
I kinda have to agree with that statement albeit like most men I don’t know how comfortable i’d be having to provide for a woman I no longer want in my life.[/QUOTE]
Then don’t sign a contract that says you will have said woman in your life.