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Question about Separation and Money Management

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njpca

Junior Member
What is the name of your state (only U.S. law)? CA

I was wondering what is the normal course with money situations when two people separate and one of the spouses does not work and you do not have joint bank accounts?

Does the working spouse normally still pay for all of OS's living expenses? If they do not, does the OS have a right to contest that if they ultimately divorce? Does the working spouse have any rights to deny certain monies to the OS during the separation period and not have it come back to them during the divorce proceedings? Do I need to file for a legal separation in order to receive these rights?

My wife currently lives with her father. She pays for electric, gas, cable, internet, phone, cell phones, car insurance and I pay for the rent, but I just give her my paycheck and she manages the money. I receive a small allowance for gas, food, and some personal spending and she keeps the rest of any her personal expenses.What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

I was wondering what is the normal course with money situations when two people separate and one of the spouses does not work and you do not have joint bank accounts?

Does the working spouse normally still pay for all of OS's living expenses? If they do not, does the OS have a right to contest that if they ultimately divorce? Does the working spouse have any rights to deny certain monies to the OS during the separation period and not have it come back to them during the divorce proceedings? Do I need to file for a legal separation in order to receive these rights?

My wife currently lives with her father. She pays for electric, gas, cable, internet, phone, cell phones, car insurance and I pay for the rent, but I just give her my paycheck and she manages the money. I receive a small allowance for gas, food, and some personal spending and she keeps the rest of any her personal expenses.What is the name of your state (only U.S. law)?
Just to be clear, do you mean that she moved in with her father or that her father lived with the two of you?

Are you worried about having to provide money to her, or are you worried about paying the bills in your rented home without her help?
 

njpca

Junior Member
She moved in with her father, he has never lived with us.

I just trying to figure out what my rights are during the separation. Since I am the only one that earns an income, how much should I be obligated to pay her on top of the living expenses.

I know she will pay the bills, her name is on most of them, it's more about what should I be providing to her if we are separated.

Will this come back to bite in the divorce if I only give her so much?
 

Bali Hai

Senior Member
She moved in with her father, he has never lived with us.

I just trying to figure out what my rights are during the separation. Since I am the only one that earns an income, how much should I be obligated to pay her on top of the living expenses.

I know she will pay the bills, her name is on most of them, it's more about what should I be providing to her if we are separated.

Will this come back to bite in the divorce if I only give her so much?
You are not legally obligated to give any money until a court orders you to do that. I would reverse the situation, keep your paycheck and pay the necessities yourself. If she was a good girl, I would give her a small allowance.

In my case, the judge told my lawyer that I should voluntarily give my ex money. The judge got mad when I didn't, but he didn't order me to do so either, so I don't know what his problem was.
 

mistoffolees

Senior Member
You are not legally obligated to give any money until a court orders you to do that. I would reverse the situation, keep your paycheck and pay the necessities yourself. If she was a good girl, I would give her a small allowance.

In my case, the judge told my lawyer that I should voluntarily give my ex money. The judge got mad when I didn't, but he didn't order me to do so either, so I don't know what his problem was.
There is a middle ground. I would also suggest keeping the paycheck and giving stbx some money, but it might be more appropriate to give her a living amount of money while the divorce is pending. Since she's living with her father, that might not be enough - and would show good faith.
 

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