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

[Ohiogal]

Didn't say buy something nice, spend the money on that trip to europe or south america that you have always wanted to go on.

SOldierFirst you have just told the OP to commit what is called dissipation of marital assets which can result in him losing quite a bit more in marital assets and ending up with nothing. IT IS ILLEGAL. Nice try and if you don't SHUT UP and sit back and learn you will find your time here VERY SHORT!

 

[Bali Hai]

Good grief! You fellas STILL invading?

When you see a fabulously beautiful woman in an AVS jersey lurking in your 'hood, be very, very careful.

Yeap, RUN LIKE HELL!! Don't stop until you reach the coast and then SWIM!!!

 

[Ohiogal]

Actually yes it is dissipation of marital assets. And yes he can be punished for it by the court. Doesn't matter if divorce has been filed or not. And if OP listens to you he can find himself in a heap of trouble. Keep it up and you will NOT be long for this site.

 

[LdiJ]

Actually yes it is dissipation of marital assets. And yes he can be punished for it by the court. Doesn't matter if divorce has been filed or not. And if OP listens to you he can find himself in a heap of trouble. Keep it up and you will NOT be long for this site.

I agree 100%. That was honestly about the worst advice I have seen someone give on these forums.

 

[SOLDIERFIRST]

nope

Actually yes it is dissipation of marital assets. And yes he can be punished for it by the court. Doesn't matter if divorce has been filed or not. And if OP listens to you he can find himself in a heap of trouble. Keep it up and you will NOT be long for this site.

Actually no it's not. While you may view it as that, all you can do is advise your client to keep a good recording of how his/her money was spent. It will be up to a judge to make the decision of whether it was dissipation of assets and then only if the other spouse files a complaint.

Taking that long sought trip to europe or south america can be considered mental therapy for the OP. If he had been thinking about getting away from it all for a while and this offers the best opportunity then I say/advise take it. If they can't kill you in court, they can't really do much to you.

There are many other ways he could spend the money if he so desired and not get in trouble for it. Can you give a few examples? Let me give you 2. First he would have the roof on his house replaced as it has been needing it for a long time. Of course this will help increase the sale value of his house when the divorce comes through if he has to sell. Second he enroll in that truck driving course he to get his CDL and pays upfront. He could even throw a big lavish party for his 50th and blow a good bit of it.

And of course you have to consider, is CO a community property state?
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The problem with the law is that there are too many lawyers and not enough guns.

 

[Bali Hai]

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.

Let me see if I understand you correctly:

1) If he takes money, that would be seen as dissapation of marital assets and not part of his share which could get him into huge trouble with the judge.

2) If she takes money, that would be seen as part of her share and would be ok with the judge.

Does this explain your response??

 

[SOLDIERFIRST]

Lol

Let me see if I understand you correctly:

1) If he takes money, that would be seen as dissapation of marital assets and not part of his share which could get him into huge trouble with the judge.

2) If she takes money, that would be seen as part of her share and would be ok with the judge.

Does this explain your response??

I was hoping someone would ask that question.

 

[LdiJ]

Let me see if I understand you correctly:

1) If he takes money, that would be seen as dissapation of marital assets and not part of his share which could get him into huge trouble with the judge.

2) If she takes money, that would be seen as part of her share and would be ok with the judge.

Does this explain your response??

No...he can take half, leaving the remaining half for her. However that was not was what suggested by the soldier guy....he suggested that he spend it all.