Some assets not in wife's name - also not working

[marrieddewd]

What is the name of your state? GA

How would this work if we got divorced?

My wife stopped working 2-3 years ago when she was laid off, and now stays at home.
I closed on the house days after we were married, but none of the loan or anything is in her name.
She has student loans in just her name.

Will I be hit with alimony?
Since I'm the only one working can I still get 50/50 custody?
Do I owe her any equity of the house?

She is trying to go back to work, I'm thinking I lay low until she gets a job.

 

[Zigner]

1: Maybe
2: Maybe
3: Maybe

If you give us more information we may be able to give general guidance, but you would be wise to consult with an attorney.

 

[LdiJ]

What is the name of your state? GA

How would this work if we got divorced?

My wife stopped working 2-3 years ago when she was laid off, and now stays at home.
I closed on the house days after we were married, but none of the loan or anything is in her name.
She has student loans in just her name.

Will I be hit with alimony?
Since I'm the only one working can I still get 50/50 custody?
Do I owe her any equity of the house?

She is trying to go back to work, I'm thinking I lay low until she gets a job.

1. Maybe
2. Odds are that she will get primary custody as she has been the primary caretaker for the children.
3. Odds are that she will get 1/2 of the equity that has accrued during the marriage.

 

[not2cleverRed]

By the way, although joint legal custody is highly likely, if you get joint physical custody with a 50/50 parenting split, that does not automatically get you off the hook for child support.

Just sayin'.

If the student loans were accrued before the marriage, that is separate debt, not marital.
If the student loans were accrued during the marriage, that is marital debt.

 

[Just Blue]

What is the name of your state? GA

How would this work if we got divorced?

My wife stopped working 2-3 years ago when she was laid off, and now stays at home.
I closed on the house days after we were married, but none of the loan or anything is in her name.
She has student loans in just her name.

Will I be hit with alimony?
Since I'm the only one working can I still get 50/50 custody?
Do I owe her any equity of the house?

She is trying to go back to work, I'm thinking I lay low until she gets a job.

How long have you been married?

 

[stealth2]

Age of the children would help, too.

 

[marrieddewd]

Sorry, I can certainly provide more info.

Married 5 years. Kids are about to be 3 and 4.

It is pre-marital debt then.

 

[stealth2]

2. Odds are that she will get primary custody as she has been the primary caretaker for the children.

Just to qualify this - IS she the primary caregiver? Are the children in daycare? If so - how many days/week? Who takes them to the doctor? Who prepares their meals, bathes them, shops for them, plays with them?

 

[marrieddewd]

We both take care of them.

Children are not in daycare, but they do go to a part-time school 3 days per week. We both take to doctor. We both prepare meals. I bathe them. She shops. I play.

 

[LdiJ]

We both take care of them.

Children are not in daycare, but they do go to a part-time school 3 days per week. We both take to doctor. We both prepare meals. I bathe them. She shops. I play.

I realize that you both take care of them, but we are asking who does so primarily. You will have a hard time proving its equal when she is a stay at home mother and you are working 40 hours a week. So, you are saying that you take off work to take them to the doctor even though mom isn't working and therefore can do so? So, you are saying that you are available to prepared breakfast, lunch and dinner?

 

[marrieddewd]

I'd say she's got them from 8:30 AM - 5:00 PM and I handle the rest. If the doc is on a weekday she would likely have to do it.

There are a couple days out of the blue where I have to travel out of town. I would have to use daycare or hire a nanny if I wanted them to do 1 week at my house, 1 week at her (wherever) place.

 

[Zigner]

I'd say she's got them from 8:30 AM - 5:00 PM and I handle the rest. If the doc is on a weekday she would likely have to do it.

That is simply not believable. Really.

 

[marrieddewd]

I work from home.

 

[stealth2]

Okay - suppose you get 50/50. How do you envision that working?

 

[HRZ]

Work from home is by new detail.

How hard is she seeking work?