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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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My Husband and I live together, with my Husband's Custody

Customer Question

Hello. My Husband and I live together, with my Husband's Custody Order of our two children. He decided to pay me $1,400 per month, and I am working as a Senior Care Assistant (7 half days per week).
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Virginia. My question is, if we are still "legally" married, and we are not "legally separated or divorced, how is it possible that he has decided to pay me $1,400 per month? Shouldn't all marital money, be shared?
JA: When we are ready I'll take you to the appropriate web page. Has anything been filed or reported?
Customer: I did report this to the Loudoun County, Virginia Police. They said it was a legal issue.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. Just an answer about the monthly payment, that my Husband decided to pay me. This payment has not been signed off on or agreed upon. Our Custody Order states, that we are supposed to "Confer and Agree" to the marital budget.
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney2 replied 1 year ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 1 year ago.

Just to clarify you stated above . My Husband and I live together, with my Husband's Custody Order of our two children. Is there anything in that order that sets a monthly amount?

Are you legally separated?

Expert:  LegalGems replied 1 year ago.

Hello; your previous contributor opted out of this question;

Were you still interested in getting legal information?

Customer: replied 1 year ago.
I am still interested, in legal help.No. There was not a signed legal agreement, for the amount of money that I should receive, from my husband. "He" just decided to pay me $1,400 per month. This payment, was not agreed upon by me. My husband's Custody Order states that we are supposed to "confer and agree" on the marital budget.
Expert:  LegalGems replied 1 year ago.

It is highly unusual to have a child custody order when the parents are married and living together. Presumably the court is under the impression that the parties are separated.

A married couple forms what is known as the marital estate; Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date of separation.

Under code 20-107.3, the court does not have jurisdiction to divide marital property until the necessary court papers are filed (dissolution proceedings). Until such time, any income/assets coming into the marriage (except for by gift/inheritance) is marital, meaning that each party has a right to it. Now, one can sign a postnuptial agreement, stating that one's income is that party's separate property, but absent that, income earned during marriage is marital property.

Furthermore, spouses owe one another a fiduciary duty (See McClung v. Smith, 870 F. Supp. 1384, 1400 (E.D. Va. 1994) meaning that each spouse must exercise the utmost good faith in transactions involving the other spouse, or in handling marital property.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.