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My husband and I are seperated, without papers at this time,

My husband and I...

My husband and I are seperated, without papers at this time, he received his profit sharing check and gave me 1000 saying he had to pay off the furniture that i was using. and that was all I was getting. I told him that if that is what he chose to do with his half that was fine, but I am not responsible for that bill its not in my name regardless who is using the furniture. he left while I was at work to live with his exwife after having an affair with her for 6 years. so, am I entitled to the 1/2 of the profit sharing or just what he gives me?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has anything been filed or reported?

Not yet, I have been asking him to contact UAW legal and he keeps putting me off. we agreed to legal seperatio so that I could maintain my benifits

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What more is needed?

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Answered in 15 hours by:
3/14/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 160
Experience: Attorney
Verified

In your current situation, separated without any court orders you are not entitled to any percentage of the profit sharing or any income. Because before your divorce or legal separation is filed how the parties handle, and share their assets and income is entirely up to them. So up until there is a court order governing how you both share income and assets you are both free to do with those assets as you see fit, generally. Once you file for divorce or legal separation then the court puts certain restrictions on transferring and selling assets, and accumulation extra debt. During the legal separation you can ask for orders to be entered with respect to how income is provided to you. If granted these orders become temporary orders during the pendency of the legal separation and then may convert to permanent orders depending on the court's final orders.

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Customer reply replied 4 months ago
Since this is a community property state and we would still be considered married, I was told a few years ago that I am entitled to 1/2 of his and he is entitled to 1/2 of mine. I don't understand this information

Yes, if this profit sharing plan began after the marriage started then it would generally be considered community property and subject to a 50% split, but that split would only be done when the parties get divorced or legally separated, or the court enters some temporary orders while the legal separation is pending. My understanding was that you are still married and have not yet filed for legal separation. If so, until your legal separation is adjudicated in court, there's no way to compel him to give you a specific amount. He can claim as he did that instead of giving you your half he used it toward marital expenses (furniture bill/community debt which if like the profit sharing it was acquired after the marriage began ). I answered your question on the basis of what you can get right now before your legal separation has begun. I apologize for the lack of clarification in my original response.

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 160
Experience: Attorney
Verified
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