Tiredofthebull
Member
I am in the process of interviewing lawyers starting this week but there is something I want guidance on. Here are some facts:
This past January after always depositing her paycheck into our joint account, she stopped. This was around the same time she asked for a divorce for the first time. We had conversations about trying to work things out which we did but now in the month of July we have decided to pursue a divorce.
What are the legal ramifications for her (and me I guess) stopping to contribute to the family expenses? She still uses our joint credit card to purchase family and personal things for herself instead of using the account that she has been depositing her paychecks to. So the way I see it, her money is her money and my money is her money also (I am sure you have heard this too many times already). Because we are a dual-income home which means we need both incomes to meet our financial commitments, we have started to accumulate some debt because I can’t pay it all with my salary. I had to start pulling from our saving to pay for the difference but we no longer have that to fall back on. I did some research in various legal sites and I came across something called “Marital Abandonment” and that is what has brought me here to seek some guidance. During the divorce proceedings, can I or should I pursue those moneys she has earned and has not made available for paying the household bills? What legal ramifications does her actions have on the divorce itself? In my favor or hers.
Here is an excerpt from one article: “The financial consequences of marital abandonment can be difficult if you, as an individual, rely on the financial security that a dual income household creates. The time spent working at your regular job can take away from the time needed to develop a sound legal strategy, but without the time spent at the job, you would not have the money to afford a sound legal strategy. This puts your financial future in jeopardy. In creating the uncertainty of the situation by deserting the family dynamic, they also have create the possibility of returning at any given moment, changing any semblance of normalcy or routine that may have developed in their absence. That means any spending routine developed in their absence can be cut into by someone that may wish to have a piece of the pie.”
Thanks for your help in advance!
- Married for 12 years in the State of Florida
- Wife stayed home 9 of those years raising our kids
- We have 2 kids together (12 and 10) and one from her previous marriage (18 years old)
- We live in a home that I owned prior to getting married
- Most of the marital assets are in my name (Home, my 401K and my pension)
- We are still living in the same home.
This past January after always depositing her paycheck into our joint account, she stopped. This was around the same time she asked for a divorce for the first time. We had conversations about trying to work things out which we did but now in the month of July we have decided to pursue a divorce.
What are the legal ramifications for her (and me I guess) stopping to contribute to the family expenses? She still uses our joint credit card to purchase family and personal things for herself instead of using the account that she has been depositing her paychecks to. So the way I see it, her money is her money and my money is her money also (I am sure you have heard this too many times already). Because we are a dual-income home which means we need both incomes to meet our financial commitments, we have started to accumulate some debt because I can’t pay it all with my salary. I had to start pulling from our saving to pay for the difference but we no longer have that to fall back on. I did some research in various legal sites and I came across something called “Marital Abandonment” and that is what has brought me here to seek some guidance. During the divorce proceedings, can I or should I pursue those moneys she has earned and has not made available for paying the household bills? What legal ramifications does her actions have on the divorce itself? In my favor or hers.
Here is an excerpt from one article: “The financial consequences of marital abandonment can be difficult if you, as an individual, rely on the financial security that a dual income household creates. The time spent working at your regular job can take away from the time needed to develop a sound legal strategy, but without the time spent at the job, you would not have the money to afford a sound legal strategy. This puts your financial future in jeopardy. In creating the uncertainty of the situation by deserting the family dynamic, they also have create the possibility of returning at any given moment, changing any semblance of normalcy or routine that may have developed in their absence. That means any spending routine developed in their absence can be cut into by someone that may wish to have a piece of the pie.”
Thanks for your help in advance!
