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  #1  
Old 07-19-2007, 03:33 PM
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Supported my wife for 14 months, can I factor this into a settlement?

What is the name of your state? CO

I'm here again!

My wife had a skiing accident in April 2006, developed a weird chronic pain condition called RSD and decided to stop work about a month or so later (not ordered by a Dr.). She left me two weeks ago and is threatening to file for divorce, I asked her what she wants and she came back and said 'what's fair, make me an offer'. I have a savings account with some money in it, but my question is about all the money 'over and above' what was normal expenses for our relationship pre-accident that I spent in the past 14 months. Stuff such as medical bills? Pot? (she has a medical majijuana cert). Legally, would some of these costs be factored into a settlement, or is it just a case of TS for me? Also, she is attempting to get a business started and I have fronted up all the money for this; not a huge amount by most business standards, but still probably a few thousand, would that be taken off a final settlement?

I feel kinda bad asking, but she seems to have completely changed over the past few weeks since moving in with her 'friend'

Thanks guys

dawiepWhat is the name of your state?
  #2  
Old 07-19-2007, 03:34 PM
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How long were you married, and why do you feel that you are required by law to give her anything?
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Originally Posted by arazi
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  #3  
Old 07-19-2007, 03:43 PM
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Quote:
Originally Posted by moburkes View Post
How long were you married, and why do you feel that you are required by law to give her anything?
Some men and most women have been brainwashed into believing this.
  #4  
Old 07-19-2007, 03:46 PM
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Originally Posted by moburkes View Post
How long were you married, and why do you feel that you are required by law to give her anything?
3.5 years; and I was under the impression that any money saved my whomever automatically becomes 'marital property' when you divorce
  #5  
Old 07-19-2007, 03:51 PM
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Dawie, my CO man, you:
Post all your stuff on the same thread! Don't make folks go back and find your old one to get your particular scoop.
[url]http://forum.freeadvice.com/showthread.php?t=369629[/url]
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  #6  
Old 07-19-2007, 03:52 PM
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Consult a local attorney.

You don't owe spousal support. However, since she is disabled, it would be nice of you to help her for a SHORT period of time.

The money isn't marital property unless you used marital funds (ie your paychecks that you've received since you've been married) to add to it. AND, only what you've added since you were married, is marital property.
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Originally Posted by arazi
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  #7  
Old 07-19-2007, 03:58 PM
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Quote:
What is the name of your state? CO

I'm here again!

My wife had a skiing accident in April 2006, developed a weird chronic pain condition called RSD and decided to stop work about a month or so later (not ordered by a Dr.). She left me two weeks ago and is threatening to file for divorce, I asked her what she wants and she came back and said 'what's fair, make me an offer'.
Okay.

Quote:
I have a savings account with some money in it,
Where did the money in the savings account come from? Income during the marriage? If so it is a marital asset. Half is hers.

Quote:
but my question is about all the money 'over and above' what was normal expenses for our relationship pre-accident that I spent in the past 14 months. Stuff such as medical bills? Pot? (she has a medical majijuana cert). Legally, would some of these costs be factored into a settlement, or is it just a case of TS for me?

No. You are responsible for supporting your spouse and her medical bills are marital debt.

Quote:
Also, she is attempting to get a business started and I have fronted up all the money for this; not a huge amount by most business standards, but still probably a few thousand, would that be taken off a final settlement?
You are entitled to half the business.

Quote:
I feel kinda bad asking, but she seems to have completely changed over the past few weeks since moving in with her 'friend'

Thanks guys

dawiep
usually figure 50% of the marital assets and 50% of the marital liabilities for each of you. Any bills already paid don't count.
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  #8  
Old 07-19-2007, 03:58 PM
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Quote:
Originally Posted by moburkes View Post
Consult a local attorney.

You don't owe spousal support. However, since she is disabled, it would be nice of you to help her for a SHORT period of time.

The money isn't marital property unless you used marital funds (ie your paychecks that you've received since you've been married) to add to it. AND, only what you've added since you were married, is marital property.
Dude, I have been doing - she's withdrawn over 2 grand already this month and spent another thousand (moving out/in expenses!)

Yep, it is marital funds then as the money in the savings account all came from my paychecks whilst we were married, so although she didn't add any money, I guess that she's due half? Is that right, well it doesn't seem 'right', but legally I mean
  #9  
Old 07-19-2007, 04:00 PM
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Originally Posted by Silverplum View Post
Dawie, my CO man, you:
Post all your stuff on the same thread! Don't make folks go back and find your old one to get your particular scoop.
[url]http://forum.freeadvice.com/showthread.php?t=369629[/url]
Sorry dude
  #10  
Old 07-19-2007, 04:05 PM
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Quote:
Originally Posted by dawiep View Post
Sorry dude
It's okay. This time. Next time, I'll show up at your office/house/watering hole and stomp an Avs design into your right hand!

(Dang. I've never threatened THAT before! I must be improving. )
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  #11  
Old 07-19-2007, 04:15 PM
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Quote:
Originally Posted by Silverplum View Post
It's okay. This time. Next time, I'll show up at your office/house/watering hole and stomp an Avs design into your right hand!

(Dang. I've never threatened THAT before! I must be improving. )
Avs Ha just kidding, although it did take me a second as I am a Brit
  #12  
Old 07-19-2007, 04:22 PM
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Originally Posted by dawiep View Post
Avs Ha just kidding, although it did take me a second as I am a Brit
Good grief! You fellas STILL invading?

When you see a fabulously beautiful woman in an AVS jersey lurking in your 'hood, be very, very careful.
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  #13  
Old 07-19-2007, 04:49 PM
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Originally Posted by SOLDIERFIRST View Post
Just spend what money you have before she files for divorce. And you go file for divorce based on abandonment. Take the right way out instead of the easy way.

-----------------------------------------------------------------------------------
The problem with the law is that there are too many lawyers and not enough guns.
But if I buy something, then doesn't that items or itmes become a marital asset as well?
  #14  
Old 07-19-2007, 04:51 PM
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didn't say

Quote:
Originally Posted by dawiep View Post
But if I buy something, then doesn't that items or itmes become a marital asset as well?
Didn't say buy something nice, spend the money on that trip to europe or south america that you have always wanted to go on.
  #15  
Old 07-19-2007, 04:56 PM
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Quote:
Originally Posted by dawiep View Post
But if I buy something, then doesn't that items or itmes become a marital asset as well?
Yes it does, and following that advice would be a major mistake. It could get you in huge trouble with the judge.

However,it may be possible to say that any money she has taken recently, to facilitate her move, is part of her share.
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