Family Law (Divorce, Family Relations)/sharing current personal assets

Advertisement


Question
I am in California, and hopefully it is related to Florida family law.  My wife claims I should give her one half of the salary I end up depositing  in my separate bank account after paying all household expenses ( which is about 90% of my income.)  

She claims she's entitled to half of my income because one half is hers according to California law. I dispute this because  part of the  of my personal bank account money can only be hers after a divorce (not to mention debts).  

She has her own checking account and because she overspends her salary and ends of with nothing,  she wants to go after my bank money, which I consider grossly unfair.
Am I obliged to split my monthly income residual with her?

Answer
Hi Will, generally all funds earned during a marriage and all debts incurred during a marriage are marital and when distributing the same in a divorce the court will generally begin with the presumption that each party shall receive 50% of each. Until, such time as there is an order from the court either party may do whatever they wish with their respective earnings and assets. You need not legally give anything to your Wife in the interim.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com  

Family Law (Divorce, Family Relations)

All Answers


Answers by Expert:


Ask Experts

Volunteer


Dan Bachert

Expertise

I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.

Experience

Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

©2016 About.com. All rights reserved.