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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My wife and I have been seperated for over 10 months. She moved

Resolved Question:

My wife and I have been seperated for over 10 months. She moved out of the home where I reside with my adult son and she rents an apartment a mile away.
I have been paying her temporary support of $1,500 monthly to supplement her $3,200 monthly
teaching salary so she could meet her needs.
Friday afternoon while I was at work she came into our home and went to my safe rummaged
through the house until she found the key and then removed my $27,000 of cash. I sent her
a text message and asked her to immediately return it or I would report it to the police. She
wrote me back that she had it and it was in a safe place. The police arrived and reviewed the
text messages then called her and she confirmed to him that she took the money. I cant
survive without it because $7,000 of the money was left from my last two paycheck's to pay
our bills and my living expenses.
What can/should I do to get it back?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.
Welcome to JustAnswer,

I am the expert that will be assisting you today. I am a Florida licensed attorney

If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

Your remedy is to file for divorce and request that the money, along with all other assets, be equitably divided

Florida does not recognize a legal separation. Husband and wife are either married or divorced. When a husband and wife are married and have not filed a dissolution of marriage proceeding, the court will not involve itself in marital financial issues

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

I think this is what you wanted to know. Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 5 years ago.


Thank you. Does it matter that $20,000 of that money was to be used to complete a mortgage modification on our home to prevent foreclosure?

Expert:  Ellen replied 5 years ago.
The use of the funds can be considered by the court in a dissolution of marriage proceeding. However, unless you filed the dissolution of marriage, it will not be considered by the court
Ellen and 7 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.