Property Division FAQs

Since the property was acquired before you were married, the court will hold the house to be nonmarital property.

It is true that your workers’ compensation benefits are considered marital property and, as a result, your husband is entitled to his share. The court considers the purpose of workers’ compensation – to compensate for lost wages and future earning capacity – rather than the time of its accrual in determining whether it is marital property. Furthermore, payment of medical expenses through marital assets also designates workers compensation as marital property. At this point, it is difficult to determine how much he will get without more facts regarding your workers compensation claim.

It is unlikely that the corporate asset will become marital property. Assuming all of the stock of the corporation was acquired prior to your marriage, the corporate asset deeded to you is directly traceable to the stock and, therefore, is nonmarital property.

A court must equally divide jointly held property and will not change title to property, except in the case of pensions. If neither of you can decide who keeps the house in the division of assets, then the court will sell the house via a trustee and the proceeds will be divided equally between the two of you.

It depends on how much of the increase in value was contributed by your spouse. A shared effort between you and your spouse will transform your non-marital asset into a marital one. For example, if your spouse has a full-time career outside of your business and that’s allowed you to reinvest all of the business funds back into the corporation, then the court may consider a portion of the corporate asset marital property.

Pensions are generally marital property if earned or acquired during the marriage.

Assuming you are using marital assets, buying a car and paying for your girlfriend’s rent will provide a basis for a finding of dissipation. As a result, the money you spend on her will be added into the total value of marital assets. Furthermore, if you are hiding these expenses as a business expense, you must be aware that doing so can also be considered dissipation.

If you continue to use the joint account to pay your mortgage, then it is possible that you will be found to be dissipating assets especially since you are employed and assuming you have sufficient income to afford the mortgage. Your use of the joint account for travel, on the other hand, will not be considered dissipation so long as it is reasonable, necessary, and legitimate. Excessive, inappropriate, or unwarranted travel expenses may be considered dissipation. Also, with regard to travel, the court will see if you have consistently been traveling during the marriage and incurring this type of expense.

Assuming that you are not in “arrears,” that is you do not have payments which you still owe, then payment for “future” child support and/or alimony will be considered dissipation. Therefore, you will be held liable for the amount you have dissipated.

Assuming that the attorney’s fees are reasonable such that the payments do not cause a severe depletion of marital assets, using them to pay for it will not be considered dissipation.

Maybe not. The court will look at what is in the best interests of your children in keeping them in the same home. If you and your husband get joint legal and physical custody of your children, there is still a possibility you may be awarded use and possession of the home for up to three years.

Likely not, assuming the vehicle is owned by the business and not by you.

Since your property was jointly held, the court can require your spouse to pay his or her share of expenses while you both owned the property together. Since you were required to pay all of the expenses, you can seek “contribution” from your spouse for additional expenses.