wife moved out last week!

[dawiep]

What is the name of your state? Colorado

Hi There,

I need some advice (unsurprising I suppose, as why else would I be here )

My wife and I have been married for 3.5 years; last year (April) she had an accident skiing and developed a neurological disorder. In May last year she quit her job, and since then I have been supporting her; earlier this year she admitted that she had cheated on me with a friend of hers. We kind of got through that (she broke off communication with him), but recently our lease (we rent) came up on our house and she decided that she didn't want to move with me and wanted to be independent. Subsequently, she began communicating with this guy again and last week moved in with him - she insists on a friends only basis i.e. she is contributing to rent etc.

Okay, you may say what is my question - well here goes, she has no money since she hasn't worked in 14 months and uses our joint account which is rapidly headed into the red again this month; my question is this: I presume that she entitled to spousal support, but how is this all worked out. I was hoping to work all this out amicably as I still love her, but I'm at my wits end here; she hasn't spoken to me since Tuesday, and still has my car which she 'borrowed' last week.

Help

What is the name of your state?

[CJane]

Is the car a marital asset? If so, it's not YOUR car. Same with the joint checking account. You need to open an account separate from hers, have your salary DD into that account, and if you feel it's necessary, deposit an 'allowance' into the joint account for her.

Is she on disability? SSDI?

What was she making prior to the separation?

She is NOT entitled to spousal support, no one is 'entitled' to it. And in such a short term marriage it would be HIGHLY unlikely that it be awarded unless there were some pretty extreme circumstances.

[Silverplum]

Originally Posted by dawiep

What is the name of your state? Colorado
Hi There,
I need some advice (unsurprising I suppose, as why else would I be here )
My wife and I have been married for 3.5 years; last year (April) she had an accident skiing and developed a neurological disorder. In May last year she quit her job, and since then I have been supporting her; earlier this year she admitted that she had cheated on me with a friend of hers. We kind of got through that (she broke off communication with him), but recently our lease (we rent) came up on our house and she decided that she didn't want to move with me and wanted to be independent. Subsequently, she began communicating with this guy again and last week moved in with him - she insists on a friends only basis i.e. she is contributing to rent etc.

Okay, you may say what is my question - well here goes, she has no money since she hasn't worked in 14 months and uses our joint account which is rapidly headed into the red again this month; my question is this: I presume that she entitled to spousal support, but how is this all worked out. I was hoping to work all this out amicably as I still love her, but I'm at my wits end here; she hasn't spoken to me since Tuesday, and still has my car which she 'borrowed' last week.Help
What is the name of your state?

Normally such a short marriage wouldn't generate spousal support (SS) for her. But her disability may change that to a degree.

As far as the car, in whose name is it titled? And she can drive, huh? Not TOO disabled, hmm?

I strongly recommend you at least consult with a local family law attorney to get a view of what you may be facing.

[dawiep]

Originally Posted by CJane

Is the car a marital asset? If so, it's not YOUR car. Same with the joint checking account. You need to open an account separate from hers, have your salary DD into that account, and if you feel it's necessary, deposit an 'allowance' into the joint account for her.

Is she on disability? SSDI?

What was she making prior to the separation?

She is NOT entitled to spousal support, no one is 'entitled' to it. And in such a short term marriage it would be HIGHLY unlikely that it be awarded unless there were some pretty extreme circumstances.

She is applying for SSDI next week, don't know if she will get it or not; she was making about half of what I was before the accident, but since we were married I have paid ALL bills, rent, power/telephone etc. Prior to the seperation she was essentially making nothing as she hadn't worked for 14 months!

I have a savings account in my name, I presume that this would count as 'marital savings' even though she never contributed anything to the account (she had her own savings account)

[Silverplum]

Originally Posted by dawiep

She is applying for SSDI next week, don't know if she will get it or not; she was making about half of what I was before the accident, but since we were married I have paid ALL bills, rent, power/telephone etc. Prior to the seperation she was essentially making nothing as she hadn't worked for 14 months!

I have a savings account in my name, I presume that this would count as 'marital savings' even though she never contributed anything to the account (she had her own savings account)

Presume nothing, dawiep. If you don't know family law, get thee to an attorney. The sooner, the better.

[dawiep]

Originally Posted by Silverplum

Normally such a short marriage wouldn't generate spousal support (SS) for her. But her disability may change that to a degree.

As far as the car, in whose name is it titled? And she can drive, huh? Not TOO disabled, hmm?

I strongly recommend you at least consult with a local family law attorney to get a view of what you may be facing.

Car is titled in my name, and yes she can drive (and commit adultrey )...she is appyling for SSDI next week, and will be very curious to she if it is granted

thanks

[Silverplum]

Originally Posted by dawiep

Car is titled in my name, and yes she can drive (and commit adultrey )...she is appyling for SSDI next week, and will be very curious to she if it is granted
thanks

Keep right on top of how her SSDI app goes.

[LdiJ]

Just as an FYI most SSDI applications are denied the first time through...generally its takes a second application. All in all, the process and time frame to get SSDI can easily take 18 months to 2 years.

[Bali Hai]

Originally Posted by dawiep

What is the name of your state? Colorado

Hi There,

I need some advice (unsurprising I suppose, as why else would I be here )

My wife and I have been married for 3.5 years; last year (April) she had an accident skiing and developed a neurological disorder. In May last year she quit her job, and since then I have been supporting her; earlier this year she admitted that she had cheated on me with a friend of hers. We kind of got through that (she broke off communication with him), but recently our lease (we rent) came up on our house and she decided that she didn't want to move with me and wanted to be independent. Subsequently, she began communicating with this guy again and last week moved in with him - she insists on a friends only basis i.e. she is contributing to rent etc.

Okay, you may say what is my question - well here goes, she has no money since she hasn't worked in 14 months and uses our joint account which is rapidly headed into the red again this month; my question is this: I presume that she entitled to spousal support, but how is this all worked out. I was hoping to work all this out amicably as I still love her, but I'm at my wits end here; she hasn't spoken to me since Tuesday, and still has my car which she 'borrowed' last week.

Help

What is the name of your state?

You need to get over that and proceed with filing for divorce.

Wait until her SSDI is approved and the judge likely won't whack you with alimony. Once she is on SSDI any alimony would reduce her benefit.