divorce separation advice??

[tom454]

The wife and I are on "Hard" times right now and I do not know if we will make it or not. All finances that I have earned over the past 13 years have gone to our house, kids, etc. and I have pretty much nothing saved. The reason that we did it that way was because that my wife had a trust that she received 4 years ago when she reached a certain age. She is now asking to "seperate" so that we can see what we really want. My question is this... If I agree to the separation, do I jeopardize "anything" financial that I may have a right to? I do not want to take her money, but I do feel as if I have a right to some of the interest that the money has made over the years. Could she be positioning herself in a better way than me?

 

[bci51]

I think usually money that is a gift from a family member (or inherited) is not considered joint property, at least not for some period of time or unless the funds have been co-mingled with the marital funds. The fact you paid the bills for all of these years may only mean that you are a nice guy fufilling your marital and parental duties.

If she has money of her own, however, you may be able to avoid spousal support and perhaps get a larger share of the marital assets.

Now, if by "seperating", you will be moving from the house, then you may be losing some rights. Lawyers usually don't recommend moving out for that reason. If she is the one wanting to seperate, then let her be to one to leave.

Of course, you will need to see a divorce attorney who has experience with the laws in your state.