How do I protect my portion of the money on accounts where my name is not listed?
Asked on Feb 21st, 2013 on Family Law - New Jersey
More details to this question:
My husband wants to put our emergency money into his company stock(stable utility company which earns a consistent 12-13% return) rather than leave in a bank account earning very little. It only takes 3 business days to liquidate. My concern is that it will be under his name only and I will not have any claim to that money. Or worse, if he just wipes the account out without my knowledge. Do I have any recourse? Is this a bad idea?
I don't know if I was say its a "bad" idea, but you definitely have raised the right concerns and are asking the right quesitons. What protection does the company offer you? Can you be listed as a beneficiary? Or a joint owner? If not - then I would think twice. Most IRA's or 401(k)s have a requirement that the spouse has to be notified. If your husband could liquidate this account without your knowledge, you may have no recourse.
Decisions about where to put "emergency money" should be made jointly by a husband and wife. The fact that money invested in his company stock will earn a much higher rate of return should not matter. Both of you need to be comfortable with the investment.
However, you need not be concerned that, just because the stock is only in his name, you will not any claim to that stock in the event of a divorce. Under New Jersey divorce law, it does not matter that an asset is only in one spouse's name. Any asset that was acquired by either party during the marriage (unless it was inherited by only one party or gifted to just one party), is a "marital" asset which is subject to equitable distribution in a divorce.
I recommend that you at least send a note (or e-mail) to your husband, voicing your concerns, so that if something bad does happen, you will be able to refer back to it.
The decision to divorce is never pleasant and should not be taken lightly. However, sometimes it must be done. I have more than 30 years of legal experience and head a law firm which devotes its entire practice to New Jersey Divorce and Family Law matters. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.
I wish you the best.
David F. Salvaggio, Esq.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.