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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9722
Experience:  Experienced Family Law Attorney
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I want to give money to my mother monthly from my personal

Customer Question

I want to give money to my mother monthly from my personal account (not Joint). Wife and I a having marital issues. In case of divorce if my mom has $10,000 which i gave to her. can wife claim?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

What state is this in regards ***** *****?

Customer: replied 1 year ago.
Florida
Expert:  LegalGems replied 1 year ago.

Thank you;

according to FL statute 61.075, the court is to divide marital property in an "equitable fashion" - this means what they determine to be fair, as opposed to equal.

Please note the factors below:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

If the court deems that the transfer was designed to "protect" the money from the other spouse and it was done without consent, the court does have the ability to credit the other spouse some of that money in the division of assets.

It will come down to whether the parties agreed to the gift, whether there is a history of such gift giving, when the gift occurred, and other factors.

The other spouse may make a claim, but it is within the discretion of the trial court's opinion as to whether crediting the spouse is an equitable outcome.

Expert:  LegalGems replied 1 year ago.

That statute is located here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

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