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Does he have to provide her with a vehicle?

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M

malenas77

Junior Member
What is the name of your state? GA
I have a friend who is leaving her husband, but they have not filed for divorce yet. He is the main source of income and her vehicle is in his name. They have 2 children together. Is he required by law to provide her and the children a vehicle?
 


S

Some Random Guy

Senior Member
He is required to follow the terms of the divorce decree and nothing more.

If she gets primary or joint custody of the children, then she may receive child support.

Depending on the length of the marriage she may get alimony. She may use that money as she sees fit.
 
N

nextwife

Senior Member
Some Random Guy said:
He is required to follow the terms of the divorce decree and nothing more.

If she gets primary or joint custody of the children, then she may receive child support.

Depending on the length of the marriage she may get alimony. She may use that money as she sees fit.
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No - the length of marriage does not determine Spousal support. The length of marriage is only a factor when there is a significant discrepancy IN INCOMES. Simply having a long marriage is not sufficient.

Example: hubby and I have comparable incomes, even after twenty five years of marriage, I'd have no reason to get spousal support if we broke up, nor would he, under that scenario.
 
LdiJ

LdiJ

Senior Member
malenas77 said:
What is the name of your state? GA
I have a friend who is leaving her husband, but they have not filed for divorce yet. He is the main source of income and her vehicle is in his name. They have 2 children together. Is he required by law to provide her and the children a vehicle?
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If the "family" has two or more vehicles, they can expect that the judge will award one of them to her. I have yet to see a single divorce, in any state, where a judge left one of the parties without a vehicle, if the family owned at least two.

Now...if the vehicle she is driving is financed, she can expect to be responsible for the ongoing payments for the vehicle.
 
N

nextwife

Senior Member
LdiJ said:
If the "family" has two or more vehicles, they can expect that the judge will award one of them to her. I have yet to see a single divorce, in any state, where a judge left one of the parties without a vehicle, if the family owned at least two.

Now...if the vehicle she is driving is financed, she can expect to be responsible for the ongoing payments for the vehicle.
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If the spouses owned the vehicles together, or they were acquired during the marriage using MARITAL funds, then you may be correct.

If the vehicles were owned free and clear before the marriage or bought entirely with premarital funds, they may not be an asset the judge can control. Seperate non-comingled property is not a marital asset.
 
S

Some Random Guy

Senior Member
nextwife,

The OP stated that "He is the main source of income" and intimated that the wife would not be able to afford transportation after the divorce. That was the basis for my comments on spousal support. Just didn't want to get her hopes up if the marriage was only for 2 years.
 
N

nextwife

Senior Member
Some Random Guy said:
nextwife,

The OP stated that "He is the main source of income" and intimated that the wife would not be able to afford transportation after the divorce. That was the basis for my comments on spousal support. Just didn't want to get her hopes up if the marriage was only for 2 years.
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I understand. I just get really upset at the litany that some here keep repeating that LONG TERM MARRIAGE = Spousal Support (or at least does if one is the spouse with a uterus).
 
LdiJ

LdiJ

Senior Member
nextwife said:
If the spouses owned the vehicles together, or they were acquired during the marriage using MARITAL funds, then you may be correct.

If the vehicles were owned free and clear before the marriage or bought entirely with premarital funds, they may not be an asset the judge can control. Seperate non-comingled property is not a marital asset.
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While you are technically correct, again, I have yet to see any divorce, in any state, where a judge left one of the spouses without a vehicle, if the family owned at least two, no matter whose name they were in, and no matter when they were purchased.

Do you have any direct knowledge of a case where that happened?
 
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