QUESTION
My husband secretly talks to his divorce attorney every single time we have an argument.
Asked on Feb 12th, 2021 on Divorce - Florida
More details to this question:
Do I have any recourse if we divorce with the fact my husband is constantly talking to his divorce attorney every time we have any little argument? He is literally spending thousands a month on council I found out. He is also discussing estate changes trying to cut me out of his will. I’m not sure how long this has been going on but I have a feeling quite a while. He is on a lot of prescription drugs including opioids and I have seen his personality change over the last year or so. I’m planning my exit but want to be smart about it. We bought a home and he put it in his trust and I’m not on the deed. I don’t work and he controls all the money and will even shut my credit card off when he gets angry. I signed a prenup but there is nothing in it regarding his Will. He always tells me to get out of the home when we argue. I’m thinking about packing up and taking some furniture(huge house) and moving out when he’s out of town.
1 ANSWER
Dear Anonymous:
Since your husband is consulting with an attorney to, it appears, plan his divorce, then to be on equal footing, perhaps you should have a consultation with an attorney as well.
You mention a prenuptial agreement, and the agreement might provide that you waived your statutory share of your husband's estate. The statutory share, under Florida law, allows a spouse who is omitted from a will (or given very little) to elect against the will and inherit a third of the decceased spouse's estate.
Of course, if you are going to divorce, then any issues involving inheritance would not be relevant. However, if you are planning to divorce it is not a good idea to just move outt without speaking to an attorney about this in advance. If you do meet with an attorney you should make sure that you have him/her review the prenuptial agreement as well.
Best of luck,
Cindy Vova
Law Offices of Cindy S. Vova, P.A.
Broward . Miami-Dade . Boca Raton
954-316-3496/561-962-2785
Answered on Feb 15th, 2021 at 10:28 AM