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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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Hello-- I am separated from my wife in Virginia. With regard

Customer Question

Hello--

I am separated from my wife in Virginia. With regard to the Property Settlement Agreement, do we list all assets and debts or only that considered marital, leaving separate assets and debts off.

Thanks
Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

Typically, non-marital property is identified and listed in the agreement as such. That way, neither spouse can come back later and try to claim a portion of separate property on the basis that it was mistakenly not included in the Property Agreement. Also, if there is any issue regarding spousal support, having a list of separate assets can help the judge determine what assets are available to the spouse seeking support.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 11 months ago.

Thank you.


 


You mentioned spousal support. My wife is filing for spousal support and I do not have a list of her assets/debts. She has significant separate assets - ~$125,000 that she is using to flip properties. She does not have a regular, salaried job. She invests in properties to flip.


 


Can I ask for a delay in the spousal support hearing until I have her list of assets and debts?

Expert:  Lucy, Esq. replied 11 months ago.
Yes, you can. You can also serve her with Requests for Production of Documents, asking her to produce bank statements and other financial documents showing what her assets are. At the hearing, she is responsible for showing a need for support. If she doesn't produce evidence of her finances, you can try to use that against her - but it's better if you have the information so you can show that she doesn't need support.
Customer: replied 11 months ago.

Thank you.


 


Like I mentioned, she does not have a regular job but flips houses. So far this year she sold a house she owned netting $42,000 and she has put a contact on another property to flip with the plans to sell it within 3 months netting her ~$10,000. What will happen if she claims she has no income in front of the judge at the spousal support hearing? (I can prove the $42k profit with a HUD-1.)

Expert:  Lucy, Esq. replied 11 months ago.
You'll be able to show that she is being dishonest about her earnings. You can also bring in tax returns from the past few years that show both of your incomes.

If the judge finds that she is lying, he has discretion to choose not to believe anything else she says to him.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19610
Experience: Attorney with experience in family law.
Lucy, Esq. and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.

Another follow-up...My wife said she bought a one-way ticket to France where her family lives to go live with her sister. Is this a factor with regard to her seeking spousal support? She could receive French benefits and she would not be seeking employment in the USA.

Expert:  Lucy, Esq. replied 11 months ago.
Spousal support isn't a substitute for unemployment. If she never worked during the marriage, the fact that she wasn't looking for work wouldn't be an absolute bar to spousal support. However, if she is capable of earning and income and simply refuses to do so because she thinks that you should support her (which is unfortunately an idea that some women get), then you would be able to argue that she is voluntarily unemployed and therefore should not be allowed to get support. There could also be an argument that any French benefits she receives should be treated as income, and if she's living with her sister, then she may have significantly lower expenses than what she is claiming.

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