His ex wants 10,000.00!

[medusatheruler]

What is the name of your state? Indiana

I will make this as short as possible. My boyfriend and his wife lived together for about 8 years, then married..basically she married him because she found out there was a possibility she had hepatitis C - and she wanted insurance coverage. She was positive...contracted while shooting up with previous boyfriend. She left several times during the marriage..which he can prove she lived elsewhere several times..she kept asking to come back due to the fact she could not keep a decent enough job to support herself. The last time she came back home, it was decided that the marriage was over, but he would allow her to live there until she could get on her feet AGAIN. They lived this way for a couple of years..enter me, shortly after he told her she was going to have to leave. She did but they agreed not to file for divorce until she was able to obtain medical insurance. That was almost 3 years ago. He finally filed and now she claims that she wants 10,000.00. She wants half the equity in the house that he purchased before they married..in which financially she barely contributed - because she seldom worked & they have no children. She also wants half of his 401k. He would have divorced her immediately if he had known this, he was under the impression that they agreed to wait until she was insured and then she would give him an uncontested divorce. He has kept her insured (health & auto), for almost 3 years..putting his own life on hold, and he has also paid some of her bills, given her money for medication, and allowed her to keep a cell phone in his name, which she eventually ran up a 200.00 bill that he will be responsible for. She has since claimed that medically she can barely work because of the hepatitis C causing mini strokes in her brain...and has since moved in with her mother. Question: is he really going to have to give her all that she is asking for? We have also heard that due to her medical condition he may be required to pay her spousal support. Also, the seperations were all her idea - he had never wanted to end the marriage until she moved back the last time. Sorry this was so long winded and any info you provide would help.
Thanks again!

[LdiJ]

Originally Posted by medusatheruler

What is the name of your state? Indiana

I will make this as short as possible. My boyfriend and his wife lived together for about 8 years, then married..basically she married him because she found out there was a possibility she had hepatitis C - and she wanted insurance coverage. She was positive...contracted while shooting up with previous boyfriend. She left several times during the marriage..which he can prove she lived elsewhere several times..she kept asking to come back due to the fact she could not keep a decent enough job to support herself. The last time she came back home, it was decided that the marriage was over, but he would allow her to live there until she could get on her feet AGAIN. They lived this way for a couple of years..enter me, shortly after he told her she was going to have to leave. She did but they agreed not to file for divorce until she was able to obtain medical insurance. That was almost 3 years ago. He finally filed and now she claims that she wants 10,000.00. She wants half the equity in the house that he purchased before they married..in which financially she barely contributed - because she seldom worked & they have no children. She also wants half of his 401k. He would have divorced her immediately if he had known this, he was under the impression that they agreed to wait until she was insured and then she would give him an uncontested divorce. He has kept her insured (health & auto), for almost 3 years..putting his own life on hold, and he has also paid some of her bills, given her money for medication, and allowed her to keep a cell phone in his name, which she eventually ran up a 200.00 bill that he will be responsible for. She has since claimed that medically she can barely work because of the hepatitis C causing mini strokes in her brain...and has since moved in with her mother. Question: is he really going to have to give her all that she is asking for? We have also heard that due to her medical condition he may be required to pay her spousal support. Also, the seperations were all her idea - he had never wanted to end the marriage until she moved back the last time. Sorry this was so long winded and any info you provide would help.
Thanks again!

She would be entitled to half of the assets that accrued during the marriage (including equity that accrued in the house and 401K) and she would be responsible for 1/2 of the marital debts as well.

Unfortunately, due to the fact that she is disabled, she may also be able to get spousal support.

He might be better off paying her alimony...if she will leave the house and the 401k alone. Alimony is tax deductible to him, and taxable income to her. He would also be able to pay her over time, instead of having to take out a loan or refinance the house.

[medusatheruler]

She has not been officially declared "disabled" by any government agency. He has proof of residence where she lived seperately from him on several occasions..which should prove that she was maintaining her own household and was not contributing to this one. Shouldn't a judge take into consideration that he has helped her for almost 3 years, when she did nothing to help herself, as he thought that was their agreement..now she is screwing him because all she really wants is cash?

[LdiJ]

Originally Posted by medusatheruler

She has not been officially declared "disabled" by any government agency. He has proof of residence where she lived seperately from him on several occasions..which should prove that she was maintaining her own household and was not contributing to this one. Shouldn't a judge take into consideration that he has helped her for almost 3 years, when she did nothing to help herself, as he thought that was their agreement..now she is screwing him because all she really wants is cash?

Its doesn't take a government agency to diagnose her as disabled. It takes a medical professional.

He may be able to get her share of the assets reduced due to the fact that they have been separated for the last three years, but he isn't going to walk away from this with her recieving nothing. That is really an unrealistic expectation.