Is this money lost?

pegleg_legal · 2022-07-16T02:58:49+00:00

Usually these things shake out like this; if the spouse didn’t know of or consent to these “gifts” to the third party, the court will deem the funds that were transferred to have been marital property and for the husband to have dissipated the marital estate. The typical remedy for this is a disproportionate distribution of marital assets in favor of the spouse. But that’s a very general analysis, especially complicated because it was not just a normal gift, it was put into an investment account. Were you having your mom invest on your behalf? How did the investment perform? What exactly do you have to disclose to your STBX? You’re squarely in serious legal advice territory with this one.

YellowFever46 · 2022-07-16T03:00:38+00:00

You didn’t list what state your divorce case is in which will obviously dictate what the laws and rules are for this issue. With that said, generally speaking if it’s not your account you don’t have to provide account info and details …..unless asked for specifically in discovery. If her lawyer or the judge think you were “hiding” marital money inside your mothers account then yes it could be viewed as secreting or disposing of marital funds and you could be ordered to give your wife half of the money you transferred. Depending on any restraining orders issued at the beginning of the case, you could also be facing a possible contempt of court violation.

Hopefully you’re smart enough to have an attorney! You should ask your attorney for advice instead of random people who aren’t lawyers on Reddit.

pkelly6 · 2022-07-16T13:45:38+00:00

You say your mom helps you. How? Does that help from your mom benefit your stbx? In other words, could payments to her be viewed as cash for work? Amounts might also come into play. For example if you gave your mom $1,000 for an hour of babysitting, that’s not a reasonable rate of pay and your ex might try and claw it back, but $50 to help her buy groceries might be okay. If your wife knew or it was reasonable for her to know, you might be able to argue they should be excluded. NAL. Good luck.

Throwaway4120213 · 2022-07-16T18:13:34+00:00

I can’t say to your specific case. But in my case - I routinely transferred money to my mom over the course of our marriage as I partially supported her. Towards the end - after we had talked about divorce but prior to filing - I made another transfer about 11 months prior to filing (might have been for a larger amount than normal but whose counting). Since I had proof that these transfers happened going back years and because it was a year before filing - I was told it was unlikely a Judge would deem that marital waste and ex’s lawyer chose not to go after those funds.

Title	Is this money lost?
Author	aie-m
Upvotes	4
Comments	8
Date	July 16, 2022 2:08 AM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/w05f0k/is_this_money_lost/
Archive Link	https://theredarchive.com/r/Divorce_Men/is-this-money-lost.1123636 https://theredarchive.com/post/1123636

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