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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I moved to the US 3 years ago and i brought my money with me

Customer Question

I moved to the US 3 years ago and i brought my money with me which part was inherited and part i made while i was married.
I have a lot of questions in case of my wife wanted to separate/divorce:
1- Is she entitled to get half of my saving account ? one with my name only
2- I have a joint account with my brother , can she ask for having half of that ? or any part of it ?
3- What about my car and her car ? how this will work in US law in case of divorce ?
4- In case she wants to be honest and say that this is my saving and my money , is there a legal form that she can sign to say that my account is all my savings and she will not ask for it ?
5- What about my obligations to her and my daughter in case of divorce ? is it part of my salary or how does it work ?
Thanks so much
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

Of course, divorce laws are based on the state in which the divorce will take place. So going with the premise that such a divorce would take place in the state of Illinois the following would apply

1 - Yes. If you have commingled your wages earned while married into an account with funds that you brought into the marriage the funds could be subject to the "equitable distribution" laws of Illinois. As an equitable distribution state, that means a court will exam and evaluate what is the marital property. And if you can prove the account also has funds that were your separate property, then that would be excluded from any balance of funds earned during the marriage.

2 - Again, whatever you can prove was not funds earned as wages while married, would be exempt from the equitable distribution laws. Anything that she can prove came from your earnings would be considered for equitable distribution. Equitable distribution does not mean "Equal" and so it will all depend on what can be proved to be your separate property place in the account before the marriage.

3 - Generally cars are distributed based on who has been driving them.

4 - You can consider consulting with a local attorney to discuss a Post Nuptial agreement. This would be drafted explaining what money is yours prior to the marriage and other things that might be assets before the marriage and it would state what they are and that she waives any right to those Separate Property assets. Keep in mind that such a Post Nuptial could be drafted by your attorney, but she should have her own legal counsel review the document and ensure that she fully comprehends what she is signing and forfeiting.

5 - Child support is always split between the parents. And it is based on guidelines which include your salary, her salary, separate expenses, and what the child is owed based on the custody/visitation agreement. You cannot discuss and she cannot forfeit child support in a Post Nuptial or otherwise. Child Support is what the child is owed.

Please let me know if you have other questions, need more information or clarification in this regard. Otherwise, I would appreciate a positive rating as that is how I get credit for my time and information.