Family Law (Divorce, Family Relations)/sharing current personal assets
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?
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.
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Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401