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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29803
Experience:  Attorney with experience in family law.
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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: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Until there is a court order, there are no laws that govern what a married couple must do with their money. In a divorce or legal separation, a judge will split all marital assets 50/50 and will decide how much your husband should be paying in child support based on that total income. But you have to specifically get a court order for that first. There is no law that says spouses must deposit their paychecks into a joint account, or that the higher earning spouse must share with the lower earning spouse in any way. Most people don't want that level of government intrusion into their lives.

You do have the ability to file for child support, and it's possible a judge will order him to pay more than $1,400/month for two children. This worksheet will help you figure out what he should be paying.

You could also seek an order granting you alimony pending lite, which means "pending litigation." Any local attorney could help you with that. There aren't free court forms to help a spouse seek alimony during the separation period. But you unfortunately do have to go to court before you'll be able to insist upon receiving your share of the marital assets and his income.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 9 months ago.

Do you have any other questions about this?