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InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1956
Experience:  18 years as a family law attorney, adjunct law professor
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In state of Louisiana, if a man and woman have separate checking

Customer Question

In state of Louisiana, if a man and woman have separate checking accounts, while married, when they divorce, do they split 50/50 each account, or what's his is his and hers is hers?
The woman has account with child support money for two kids with previous marriage!
Woman is a stay at home mom taking care of his kids and her kids. No income!
The man works, all his money goes in separate account and he pays bills.
Is woman entitled to any money from his savings and checking from money deposited from date of marriage to present?
Submitted: 4 years ago.
Category: Family Law
Expert:  InformationForYou replied 4 years ago.

InformationForYou :

It isn't how the title on the account is how and when the funds were acquired.

InformationForYou :

So if the funds were acquired in his account from his earnings during the marriage, then those funds are marital property. If they are from gift or inheritance during the marriage to just him OR from his earning pre marriage, then they are just his.

InformationForYou :

If the woman has put her child support in an account in her own name, then arguably - no clear cut straight answer - the funds are just hers because they are not income but rather support for the children. On the flip side,

InformationForYou :

if she saved those dollars and instead used money earned during the marriage to support those kids from her prior marriage then the husband may have a claim to some of those funds.

InformationForYou :

I believe I have answered your questions...?

JACUSTOMER-jwy80f7x- : The woman pay everything for her kids, the man pays nothing to support her kids
InformationForYou :

I'm not sure I understand your latest statement...?

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