QUESTION
If I filed and asked my husband to leave our house am I still entitled to the money that he continues to spend on her like dinner, clothing, jewelry?
Asked on Jan 07th, 2013 on Divorce - Michigan
More details to this question:
I filed for divorce because I found out my spouse has been cheating on me. I heard that any gifts he bought or money that was spent on her during our marriage would be considered marital property so I would be entitled to half of it.
6 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If you can demonstrate he spent marital money on another person, you are entitled to one-half of that money back.
Answered on Jan 14th, 2013 at 8:09 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You can ask the judge to reimburse you for money spent on third parties. There is a new statute related to fraud that may be applicable. I suggest you hire a lawyer.
Answered on Jan 11th, 2013 at 4:52 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to file for spousal support. If he's spending the money now, it's his separate property money as you're separated. You need to get credit card receipts etc. and maybe you can get him ordered to reimburse the community for what he spent during the marriage - it's a trial issue, so the money won't be coming any time soon.
Answered on Jan 11th, 2013 at 4:52 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In California, from the date of separation (whether a physical separation or a stated intent to end the marriage), all property earned is your separate property and can be spent however you wish. If you are spending money on a marital asset, then the other party may owe you for the half he was obligated to pay (such as a mortgage) if he didn't cover his half. However, this is a complicated area of the law and you will likely want to consult with an attorney to determine the true nature of each asset and the date of separation.
Answered on Jan 11th, 2013 at 1:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not know of any statute or case law which supports your legal premise in Michigan. Speak with your attorney for advice, and if you are attempting this representing yourself you have a fool for a client.
Answered on Jan 11th, 2013 at 12:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Doubtful except for the gifts, and then they would have to be substantial. If they are just gifts from his income after the separation, it is even less likely. Better to concentrate on the things you bought together and get rid of the bum as soon as possible.
Answered on Jan 11th, 2013 at 12:59 AM