Wife stopped providing financial support to household

[Tiredofthebull]

At the very least I'd want my attorney's advice up front ahead of time on dropping payments on a car which may or may not be marital property ..and for a modest premium it may not be a useful puddle to step into, just pay it monthly until smoke clears

Thanks!

 

[Tiredofthebull]

At the very least I'd want my attorney's advice up front ahead of time on dropping payments on a car which may or may not be marital property ..and for a modest premium it may not be a useful puddle to step into, just pay it monthly until smoke clears

Thanks!

 

[Zigner]

Don't mess with any insurances until after the divorce is final. That is a no-no.

Nothing has been filed and the OP is talking about auto insurance. Why do you suggest that the OP has to continue paying for her auto insurance?

 

[Tiredofthebull]

Nothing has been filed and the OP is talking about auto insurance. Why do you suggest that the OP has to continue paying for her auto insurance?

She did file, I just got served a few minutes ago. I didn't see that one coming!

 

[Zigner]

She did file, I just got served a few minutes ago. I didn't see that one coming!

Then you will want to seek the assistance of an attorney. I would now agree with the prior poster that you should not make any changes to the "status quo" without consulting with an attorney.

 

[Tiredofthebull]

Then you will want to seek the assistance of an attorney. I would now agree with the prior poster that you should not make any changes to the "status quo" without consulting with an attorney.

Appointment is set for Thursday morning. That lawyer will never see anyone more prepared than me on that day

 

[LdiJ]

Nothing has been filed and the OP is talking about auto insurance. Why do you suggest that the OP has to continue paying for her auto insurance?

Because its preserving a potential marital asset.
Because its avoiding potential marital debt.
Because too many people have cancelled insurance prematurely and had it bite them in the behind.

 

[Zigner]

Because its preserving a potential marital asset.

possibly.

Because its avoiding potential marital debt.

Possibly

Because too many people have cancelled insurance prematurely and had it bite them in the behind.

Anecdotal.

 

[LdiJ]

possibly.
Possibly
Anecdotal.

So, you are saying that if you were in the midst of getting a potentially high conflict divorce, that you would feel that it was wise for you to cancel some insurance policies?...based on the advice of some people on an internet forum? As far as I am concerned that is a penny wise and pound foolish move. I would never take that risk. There are way too many things that could go wrong, and most of them having nothing to do with the actual divorce.

 

[Zigner]

So, you are saying that if you were in the midst of getting a potentially high conflict divorce, that you would feel that it was wise for you to cancel some insurance policies?...based on the advice of some people on an internet forum? As far as I am concerned that is a penny wise and pound foolish move. I would never take that risk. There are way too many things that could go wrong, and most of them having nothing to do with the actual divorce.

Possibly.

 

[Tiredofthebull]

I am in Florida and I aware of the following:
PROPERTY DISTRIBUTION - Equitable Distribution
PROPERTY MODEL - Dual Property Model
INCREASE IN VALUE OF SEPARATE PROPERTY - Separate Property
https://www.divorcesource.com/ds/property/property-classification-upon-divorce-618.shtml

But I am not of legal mind to understand what it means in my situation. I am divorcing and my 401(k) increased incredibly during the duration of our marriage. My question is, is the value of the 401(k) prior to getting married and the gains it accrued, marital property? I know that anything I contributed during the marriage and the gains are marital property but I am not sure about the stuff that was in there before.

Example:

• 401(k) value in 2004 was $200k
• I contributed $140k into the 401(k) from 2004 to 2018
• 401(k) value in 2018 at the time of filing was $1.2M

The question is then, is the $200k plus what that $200k grew to, marital status? Right now the easy way to look at this is to say that we divide the $1M growth in half and give her $500k. If i am reading the Passive Appreciation literature right, it is possible that the $200k and the gains of that $200k is not marital asset which may reduce the amount I have to give her as part of my 401(k).

So I need to know if this is even worth looking into considering I am in the State of Florida. My counsel thinks it might be something to look into but an expert in this area of expertise is not going to be cheap. I don't want to spend the money if in this state it doesn't matter. Recommendations...