trust fund involved

My ex-husband and I are going through a divorce after he cheated on me earlier this year. We've been married for 5 years, he went to law school while I supported him and paid all the bills, and right after he graduated, he asked for a divorce. Unfortunately, the house was inherited and there is a trust fund that we didn't touch because it was going to be our retirement. I have no money left, where he gets the house, a great job, and the trust money. Plus, I added a significant amount of money into upgrades on the house from the money I earned.

What can I go after and is there a chance for alimony?

No pre-nup was signed either. Does that help me in getting anyting?

AngryGirlfriend said:

My ex-husband and I are going through a divorce after he cheated on me earlier this year. We've been married for 5 years, he went to law school while I supported him and paid all the bills, and right after he graduated, he asked for a divorce. Unfortunately, the house was inherited and there is a trust fund that we didn't touch because it was going to be our retirement. I have no money left, where he gets the house, a great job, and the trust money. Plus, I added a significant amount of money into upgrades on the house from the money I earned.

What can I go after and is there a chance for alimony?

No pre-nup was signed either. Does that help me in getting anyting?

Click to expand...

Nobody can even answer without knowing which state you're in...

Sorry, I live in Wisconsin

AngryGirlfriend said:

My ex-husband and I are going through a divorce after he cheated on me earlier this year. We've been married for 5 years, he went to law school while I supported him and paid all the bills, and right after he graduated, he asked for a divorce. Unfortunately, the house was inherited and there is a trust fund that we didn't touch because it was going to be our retirement. I have no money left, where he gets the house, a great job, and the trust money. Plus, I added a significant amount of money into upgrades on the house from the money I earned.

What can I go after and is there a chance for alimony?

No pre-nup was signed either. Does that help me in getting anyting?

Click to expand...

Has the home increased in value during the marriage?

If there is no increase in value, you won't get anything from the home - even if he has comingled it with marital assets. If it has been comingled with marital assets (by your paying for upgrades), then you may be entitled to a portion of the gain in value.

As for the trust fund, you didn't specify, but I assume that the trust was left solely to your husband? If so (and as long as he didn't add marital assets to it), then it's off limits to you. Why should you get any of it in that case, anyway?

Whether you can get alimony depends on the state you live in. Not only does it have direct impact (some states rarely award alimony until the couple has been married 10 years or so), but it can have an indirect impact (in some states, you may be entitled to some benefit from his law degree).

The trust was left to him, but I knew that I couldn't go after him for that. He also doesn't have a lot of money because he's a new lawyer, so he didn't have a lot of his own money. Would any maintenance or rehab alimony be able to come out of the trust?

The money I spent on house upgrades was in the form of landscape and professional decorating in the house, so the value appreciated, but what about the sale of the house? How would I get money from the sale of the house if I added to its value?

So do you think that, considering our marriage was short-term, I should try to go for a higher division of our assets in the house (he's moving out to a smaller place and will be buying all new furniture, selling basically anything he claims he wants from the division)? Or should I take him to court and hope the judge sees his education as an advantage-I only have a high school diploma-and award me more than that?

Also, since I was kicked out of the his house, I have had to live with my parents since I hadn't saved any of the money I was making. While we were together, he was spending almost $4000/mnth in credit card bills that I was responsible to pay, and it was all wasted purchases...stuff he clearly didn't need. We were taking at least two vacations a year on MY tax returns, all car leases were in my name because I had perfect credit and he didn't.

AngryGirlfriend said:

Also, since I was kicked out of the his house, I have had to live with my parents since I hadn't saved any of the money I was making. While we were together, he was spending almost $4000/mnth in credit card bills that I was responsible to pay, and it was all wasted purchases...stuff he clearly didn't need. We were taking at least two vacations a year on MY tax returns, all car leases were in my name because I had perfect credit and he didn't.

Click to expand...

But you were fine with it at the time - it's a little unfair to punish him now after the fact, no?

Seriously, I think your chances at alimony are negligible at best. I realize that you are very hurt and angry but frankly I doubt a judge will order you much more than has already been advised. If you push it, you're going to hurt yourself more in the long run.

Well, it was a distress to have to pay his bills with his excessive spending, and since it was all in my name (my credit cards with him as a user), I couldn't afford to lose my credit score by just stopping payment.

I guess I also didn't expect him to have an affair earlier this year either, which is why I just kept taking care of everything.

So overall, you think my best bet is to just try and get a larger portion of the community assets than to take him to court and spend the money on lawyer and court fees?

What about the ring and the boat that we have- both valued at about $20,000?

AngryGirlfriend said:

Well, it was a distress to have to pay his bills with his excessive spending, and since it was all in my name (my credit cards with him as a user), I couldn't afford to lose my credit score by just stopping payment.

I guess I also didn't expect him to have an affair earlier this year either, which is why I just kept taking care of everything.

So overall, you think my best bet is to just try and get a larger portion of the community assets than to take him to court and spend the money on lawyer and court fees?

What about the ring and the boat that we have- both valued at about $20,000?

Click to expand...

You're not going to like this...

But I really think you should simply do what the law allows for and not try to punish your ex. Please consult with an attorney who will be able to guide you based on your actual circumstances - it'll be worth at least an initial consult, y'know?

Beyond that though (as these questions may have answers for which there may be a more general guideline)...

Was the boat yours? His? Bought during the marriage? Before?

And the ring?

Proserpina said:

But you were fine with it at the time - it's a little unfair to punish him now after the fact, no?

Seriously, I think your chances at alimony are negligible at best. I realize that you are very hurt and angry but frankly I doubt a judge will order you much more than has already been advised. If you push it, you're going to hurt yourself more in the long run.

Click to expand...

It's premature to say that - since OP still refuses to say what state she is in.

Some states are fairly liberal in cases like this - where one spouse puts the other through law or med school and then new graduate then files for divorce. In CA, for example, she would be looking at significant alimony as well as perhaps a greater share of property division.

OP should first tell us what state she lives in. Then, she should see a good attorney.

mistoffolees said:

It's premature to say that - since OP still refuses to say what state she is in.

Some states are fairly liberal in cases like this - where one spouse puts the other through law or med school and then new graduate then files for divorce. In CA, for example, she would be looking at significant alimony as well as perhaps a greater share of property division.

OP should first tell us what state she lives in. Then, she should see a good attorney.

Click to expand...

Um...she's in Wisconsin..

(post #3 I think?)

Yes, I already replied that I was in WI- a no-fault state, unfortunately.