QUESTION
If we file divorce after almost 4 months of marriage, do I qualify for the 50/50?
Asked on Jun 13th, 2016 on Divorce - Florida
More details to this question:
I married at age 73 in February 2016. Husband is 82. He bought me a truck. Am I entitled to keep it? He has a car. He has money in the bank ($80,000). Can he hide it? I gave all my furniture away and he brought his to my apartment. Can he take it all back? I ask these questions, as I live on $1200 a month and pay $1175 to live each month so have no way to replace items. He still owns his home which I want no part of.. He has a couple of annuities, and money markets which is of no concern to me or am I entitled to 50/50 total? This is quite emotional at this age and a huge mistake. Mental cruelty is worse than physical.
3 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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While certain general principles regarding equitable distribution (50-50) may apply to your case, it is rather unlikely that a court will award you an interest in his house, annuities, money market accounts, etc., after four (4) months of marriage. If you contributed nothing to the purchase of the truck, you're unlikely to be able to keep it after only four (4) months of marriage, either. You're strongest claim, in my opinion, has to do with giving away your furniture to make room for his, though you'd only receive a credit for it's fair market value, not replacement cost. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Jul 18th, 2016 at 5:52 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You are not entitled to 50% of what he owned prior to the marriage. Go see a local family attorney for a full discussion.
Answered on Jul 18th, 2016 at 6:30 AM
John Arthur Smitten
Whatever you acquired during the marriage is marital property.
Answered on Jul 18th, 2016 at 6:29 AM