Am I getting the raw end of the deal? 11 Answers as of May 23, 2013

Wife and I were married about 4.5 years. Before 14 Oct 2011, she and I grew some debt while trying to make a living on part-time jobs. After 14 Oct 2011, I began a job making $100+k a year. While I was gone in Baghdad, she moved us to a $1050/month apartment + utilities on 14 Jan 2012. She started a full-time job shortly after that made her about $3k/month after taxes. Our deal was that she pay the rent/utilities while I was gone, and my money was to be saved towards a house. I took over half the utilities for the last 6 months of the lease while on vacation. I also bought her a $20k brand new car. The savings account had $25k in it. On top of keeping her stuff and the car, she wants $12,500 from the savings account. She says this is a deal because she knows I have some more money saved invested in stocks. Am I getting the raw end of the deal? I feel that I only owe her for half of 1 year's rent, and half of the utilities. Any help would be appreciated. Thanks.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Hire a lawyer. There is no way to respond to this question without more information.
Answer Applies to: Texas
Replied: 12/19/2012
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
The key is that upon divorce, all assets and liabilities from the marriage are divided equitably. If you earned money during the marrriage that was saved, it is marital and subject to equitable distribution. Paying the expenses of the marriage is only one part of the equation. The current value of each asset is what is important. A $20,000 car that is a year old is no longer worth $20,000; is there any debt against the car? In other words, just to throw a number of figures out may be missing something. A concert assessment from an attorney may better answer your questions.
Answer Applies to: New York
Replied: 12/18/2012
Law Offices of Robert Stolzberg
Law Offices of Robert Stolzberg | Robert Stolzberg
It sounds like you might be, but I can't say with the limited information you provide.
Answer Applies to: Massachusetts
Replied: 12/17/2012
John Russo | John Russo
You add up all the assets on one side and divide them in half, thats 50/50, if there is any joint marital debt you do the same thing, you folks were married you don't add and subtract things you paid for during the marriage from the current assets and liabilities, does not work that way, so if you paid all the rent during the marriage you don't get a credit for that just as she does not.
Answer Applies to: Rhode Island
Replied: 12/17/2012
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
See an attorney so he/she can ask questions about relevant information you haven't provided.
Answer Applies to: Washington
Replied: 12/17/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Only you can answer your question, but just because your wife says she wants something doesn't mean that is what is fair or what a judge might decide in a divorce case when you and your wife don't agree. Until you actually file for divorce and can evaluate all of the relevant financial information as part of one total picture, it isn't realistic to try and predict an eventual result.
    Answer Applies to: Colorado
    Replied: 12/17/2012
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Idaho is a community property state. Generally, any money brought into the community belongs to the community. Even though you told her to pay rent and utilities, it was a community debt and you were obligated to pay half of it. Now that you are getting divorced, one-half of the value of the account is hers, one-half the value of her car is yours. Typically, you should each make a list of the community's assets and what their values are. You add up what goes to the wife and what goes to the husband. Whoever has more should pay the other party enough to make those amounts equal. This includes retirement accounts, etc. Sometimes a person's property can be kept separate from the community. For example, if you got an inheritance in your name only and kept it in a separate account, that would not be community property. The only way to determine if you are getting a raw deal is to figure out what each of you is getting.
    Answer Applies to: Idaho
    Replied: 12/17/2012
    Victor Varga | Victor Varga
    Need much more details.
    Answer Applies to: Maryland
    Replied: 5/23/2013
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your questions would best be answered in a face-to-face consultation with an experienced Family Law Attorney. There is too much left out of your question to enable me to evaluate whether the deal is a fair deal, including but not limited to what the purpose of the deal is.? Are you and your wife going to get a divorce? Is you wife going to seek Spousal Support? Attorney's Fees? What assets were acquired by either of you during the marriage? What assets remain? What community obligations exist? Has each of you made a full and fair disclosure of all income, assets and obligations to the other?
    Answer Applies to: California
    Replied: 12/17/2012
    See an attorney to figure it out properly. The account balances as of the date of separation should be divided and the value of the car.
    Answer Applies to: California
    Replied: 12/17/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    The part that you left out is that you are getting a divorce. Is that correct? There are a lot of issues for a person like you getting a divorce. I would need to talk it over with you to give you any advice. Seems like a fair amount of money and debt floating around here. Get some advice from a lawyer before you take any action.
    Answer Applies to: New Jersey
    Replied: 12/17/2012
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