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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My husband is planning to file. I am a stay at home mom and

Customer Question

Hello, my husband is planning to file for divorce. I am a stay at home mom and taking care of our child who might have an autism or developmental delay (haven't been diagnosed yet). My husband consulted with divorce attorney, and he advised him that it
will be very expensive, and he would have to give me most of his paycheck. So the only way to save his money is to co-habitate with me- then he wouldn't have to pay expenses for 2 households. He said he is planning to write some agreement and for now he will
pay for all my expenses as he used to. It was time for me to pay for my car loan and insurance and I asked him to transfer money. He said he would do it only if I let him use my car for going on his dates. I have a nicer and newer car than him. I think it
is absolutely ridiculous and I said he can only use this car for family affairs- like driving around our child or grocery shopping. He insisted that he won't make payments for my car. What are my options? Can I apply for emergency spousal support? If so, do
I have to move out from our place? My friend suggested that I can apply for cash aid and food stamps with social services and then Department of child services will pursue him for $$. One more question. I bought my car 4 years before marriage, made big down
payment on it ($12,000) and made most payments for the loan by myself from my earnings and savings. He paid for my car only 2 times. Now he is saying that during divorce he will be entitled to 1/2 of my car. Is this true? Thank you!
Submitted: 2 years ago.
Category: Family Law
Expert:  mmdesq replied 2 years ago.

If the car is owned jointly you both will be entitled to half. Asking to use your car to go out on dates is crass, insensitive and ridiculous. Any person who believes this is acceptable behavior is going to be a major problem to cohabitate with. I would suggest creating your own financial independence by having a right to your portion of the marital assets rather than remaining under his thumb. I would recommend filing for support immediately. I would also recommend trying to have him out of the house rather than you.

Customer: replied 2 years ago.
Hello, thank you so much for your response.
Can you please clarify about the car? I purchased it before marriage and it owned by me but some payments were made during marriage.
I agree that my ex is insensitive and it will be hard to cohabitate with him.
Do we have to live separately in order for me to apply for support?
Thank you!
Expert:  mmdesq replied 2 years ago.

If the car was premarital he should not have any interest as I am assuming the car depreciated over time not appreciate like real estate.

If your Husband is not contributing to household expense or your expenses you can file for support even while living together. However, it is much easier if you are not under the same roof because do get into who paid electric, mortgage, etc and does that benefit you.

I hope that clarifies my answer.