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Supported my wife for 14 months, can I factor this into a settlement?

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dawiep

Junior Member
What is the name of your state? CO

I'm here again!

My wife had a skiing accident in April 2006, developed a weird chronic pain condition called RSD and decided to stop work about a month or so later (not ordered by a Dr.). She left me two weeks ago and is threatening to file for divorce, I asked her what she wants and she came back and said 'what's fair, make me an offer'. I have a savings account with some money in it, but my question is about all the money 'over and above' what was normal expenses for our relationship pre-accident that I spent in the past 14 months. Stuff such as medical bills? Pot? (she has a medical majijuana cert). Legally, would some of these costs be factored into a settlement, or is it just a case of TS for me? Also, she is attempting to get a business started and I have fronted up all the money for this; not a huge amount by most business standards, but still probably a few thousand, would that be taken off a final settlement?

I feel kinda bad asking, but she seems to have completely changed over the past few weeks since moving in with her 'friend'

Thanks guys

dawiepWhat is the name of your state?
 


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dawiep

Junior Member
moburkes said:
How long were you married, and why do you feel that you are required by law to give her anything?
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3.5 years; and I was under the impression that any money saved my whomever automatically becomes 'marital property' when you divorce:confused:
 
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moburkes

Senior Member
Consult a local attorney.

You don't owe spousal support. However, since she is disabled, it would be nice of you to help her for a SHORT period of time.

The money isn't marital property unless you used marital funds (ie your paychecks that you've received since you've been married) to add to it. AND, only what you've added since you were married, is marital property.
 
Ohiogal

Ohiogal

Queen Bee
What is the name of your state? CO

I'm here again!

My wife had a skiing accident in April 2006, developed a weird chronic pain condition called RSD and decided to stop work about a month or so later (not ordered by a Dr.). She left me two weeks ago and is threatening to file for divorce, I asked her what she wants and she came back and said 'what's fair, make me an offer'.
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Okay.

I have a savings account with some money in it,
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Where did the money in the savings account come from? Income during the marriage? If so it is a marital asset. Half is hers.

but my question is about all the money 'over and above' what was normal expenses for our relationship pre-accident that I spent in the past 14 months. Stuff such as medical bills? Pot? (she has a medical majijuana cert). Legally, would some of these costs be factored into a settlement, or is it just a case of TS for me?
Click to expand...

No. You are responsible for supporting your spouse and her medical bills are marital debt.

Also, she is attempting to get a business started and I have fronted up all the money for this; not a huge amount by most business standards, but still probably a few thousand, would that be taken off a final settlement?
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You are entitled to half the business.

I feel kinda bad asking, but she seems to have completely changed over the past few weeks since moving in with her 'friend'

Thanks guys

dawiep
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usually figure 50% of the marital assets and 50% of the marital liabilities for each of you. Any bills already paid don't count.
 
D

dawiep

Junior Member
moburkes said:
Consult a local attorney.

You don't owe spousal support. However, since she is disabled, it would be nice of you to help her for a SHORT period of time.

The money isn't marital property unless you used marital funds (ie your paychecks that you've received since you've been married) to add to it. AND, only what you've added since you were married, is marital property.
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Dude, I have been doing - she's withdrawn over 2 grand already this month and spent another thousand (moving out/in expenses!):eek:

Yep, it is marital funds then as the money in the savings account all came from my paychecks whilst we were married, so although she didn't add any money, I guess that she's due half? Is that right, well it doesn't seem 'right', but legally I mean:eek:
 
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dawiep

Junior Member
Silverplum said:
It's okay. This time. Next time, I'll show up at your office/house/watering hole and stomp an Avs design into your right hand! :D :p

(Dang. I've never threatened THAT before! I must be improving. :D)
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Avs :confused: Ha just kidding, although it did take me a second as I am a Brit :p
 
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dawiep

Junior Member
SOLDIERFIRST said:
Just spend what money you have before she files for divorce. And you go file for divorce based on abandonment. Take the right way out instead of the easy way. :(

-----------------------------------------------------------------------------------
The problem with the law is that there are too many lawyers and not enough guns.
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But if I buy something, then doesn't that items or itmes become a marital asset as well?
 
LdiJ

LdiJ

Senior Member
dawiep said:
But if I buy something, then doesn't that items or itmes become a marital asset as well?
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Yes it does, and following that advice would be a major mistake. It could get you in huge trouble with the judge.

However,it may be possible to say that any money she has taken recently, to facilitate her move, is part of her share.
 
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