QUESTION
Can my wife who refuses to work get 50% of my assets and my house?
Asked on Oct 16th, 2014 on Divorce - Florida
More details to this question:
I got married in 2009 to a woman who left her 3 kids with her ex-husband to me. I used all my money to buy a house. I furnished the house and financially support the house. She never worked in her life before marriage and even after marriage she never worked or tried to find a job. Basically she had it made. Now in the last 3 years all her 3 kids came one by one and I have been supporting them too. I told her 3 years ago when the first child came that she should help me with the finances. She had spider veins in her legs and the excuse was she can't work. I got that fixed for her and still nothing, she won't get a job. She is threatening me that she will get 50% and she will get the house too.
6 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney in order to best determine what you may be potentially facing in the event of a divorce. In Florida, any asset or debt that was acquired during the marriage is considered a marital asset or debt and is subject to equitable distribution, which typically means 50/50, regardless of whose name it is in and regardless of who paid for it or incurred the debt. There may also be a potential alimony issue if you've been the sole provider; however, with only a 5 year marriage, any alimony obligation would only be for a short period of time. You need to consult with an attorney.
Answered on Oct 17th, 2014 at 7:57 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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There's good news and bad news in this situation. The good news is that it is unlikely on these facts that she will get permanent alimony; unlikely that she will get the house; and unlikely that you will have to contribute to her support on more than a short term basis, perhaps a year or two if at all. The bad news is that to the extent that the house increased in value and has any equity during the period of time from the date of marriage to the present, she may be able to claim half of that marital portion. The sooner one of you files for divorce, the sooner you close off or cap your potential exposure. Since you only bought the house a few years ago, it is unlikely that it increased enough in value or that you built up enough equity to make this a potentially significant number, but you should consult with a family law attorney to discuss the specifics of your situation and your options.
Answered on Oct 17th, 2014 at 7:57 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannt answer due to limited info. You need to see an atorney immediately.
Answered on Oct 17th, 2014 at 10:06 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should go see a family attorney in your area. It is a short term marriage and she probably will not get any alimony. But she might be entitled to one-half of the marital assets, those assets that were acquired during the marriage.
Answered on Oct 17th, 2014 at 9:58 AM
Whether your wife can receive 50% of your assets would depend on many factors. The most important factor would be the length of the marriage when the home was purchased and the other assets as well. It sounds like you probably should retain the services of a an attorney. Absent an attorney you might want to consider mediation.mediation is fast effective and affordable got both parties however would have to agree to mediation before it could occur.
Answered on Oct 17th, 2014 at 9:54 AM
John Arthur Smitten
She's right she gets 50% unless you can prove to the court that she is a lazy slug. Use of a lawyer is recommended.
Answered on Oct 17th, 2014 at 9:54 AM