Hello,
My husband filed for divorce, which is not final. We are hoping it is finalized soon. He called to let me know he won $250,000 in a contest. He wanted to tell me directly instead of having me learn about it from someone else. In any case, he says he wants to pay for college for our children and do some other nice things for them. He told me he asked his lawyer to research the case law to find out if I am entitled to any part of the funds. He told me 40 percent of the money will go to taxes, so he will clear $150,000 after taxes. I have no idea if I am entitled to any part of the money. If you have any advice or information, please let me know. I truly appreciate any help with this issue. He asked me not to be difficult about the issue and he says he does not want the lawyers trying to get a chunk of the money. He also told me that if I am entitled to any of the money, I will have to pay taxes on my portion.
He won it, let him have it. You are not together anymore. If you were together went he won it than that would be different.
Why worry about the money, if he is willing to help with college tuition and other expenses allow that too happen and don't be greedy. Anyway, if he shows that he has that money in a bank account the court will up his child support payments and you will get the money over time anyway. Just be patient, it does all work out in the end
There is definitely part of me that would want some of the money, but being separated makes things different in my opinion. I would find out the law on it. But, like someone already said, if he puts it into a bank account, it'll up his child support payments anyhow. Also, if he is willing to pay for their college, I would consider leaving it at that. If he gets mad that you are getting some of the money, he might change his mind.
I would really recommend contacting Dave Ramsey. He is a financial guru and he can tell you exactly how it should work out. You can do a general search for his name and find his website and a way to contact him. He does a daily radio show too that you can call into.
God bless,
A.
I definitely agree with what Mi R said.
Unless it was won in a contest you entered together, I don't think you should get half. Just let him take it and go as far away as he can. I would make him split what he has left between the two kids in separate savings accounts so they (and you!) don't have to worry about money once it's time for them to go to college. God only knows what your situation will be like 8-10 years from now. For you to know you won't have to worry about a thing when college comes is worth more than the few bucks you'll get from him now, if you're even entitled to anything.
I went through a divorce recently, anything that you two get while you are married, you both are entitled to it. Half. I hope this helps you, You will get half if you wnat it. CYndi
HECK YES. I would try to get half you better believe it. I hope it goes your way. Not sure of the reason for the big D but go celebrate. lol Sorry I have been through a BAD Divorce and I wish I had taken him for alot more I just wanted out b/c he cheated on me 3 times PLUS was very abusive. Good Luck
While I am not a financial expert or an attorney, I would say that YES, you are entitled to a portion of it. My sister and her husband were estranged for 11 years and when he died unexpectedly she got everything.
Happy spending ... or saving!
I'm curious what happened with this. I believe once the divorce proceedings have started you are not entitled to anything after the date of filing. When I was separated I finally had to file for divorce instead of a dissolution to protect myself from stuff like this.
If I were you, I would consult a CPA to find out exactly how much will go to taxes. I beleive by law you are entitled to 50%, but I am not sure. Your husband is correct in his beliefs that an attorney will want a cut. If I were you, I would try to keep the attorneys out of it if you and your husband are agreeable to splitting what is left after taxes. That is, if you can trust your husband. You might want to put the agreement in writing and have it notorized. I would wait until the finalization of the divorce and then have your husband tell the judge that he won the money and that the two of you have agreed to split the money after the taxes. This way, the judge can order it so and the attorneys are left out. If you decide to do something like that, make sure that both you and your husband have your attorneys put in writing their charges for representing you in the divorce. That way, if they are unaware of the money your husband won, their fees will not go up once they find out about the money. Hope this helps. Good Luck and hope things work out.
If you still want to contact an attorney for a legal opinion, contact James Couch. He is honest and very resonable. He is across from Midway Mall in with Spike, Meckler and Assoc.
if the divorce is not final I say you need to get some legal help on this.. It's a lot of money to split and you'll need it in the future.
Just something to consider.
If you were the one who won the money, would you split it with your soon-to-be ex-husband?
I'm not a lawyer, but I believe you're entitled to half. Your divorce lawyers don't necessarily get a 'cut' of it, if you include the amount in your divorce settlement. (They can't charge you more simply because there are additional funds to split.)
Whatever you do, do NOT wait until your divorce is final to deal with this. At that point, it'll be too late.
If your soon-to-be-ex intends to use the money for college, I would ask that he put it in a trust fund that specifically states what the money can be used for.
Are you leagally seperated? Usually anything made after the "leagal seperation" date, (which is the step before a divorce) goes to the person who earned it only. You should ask your lawyer. My sister is going through a divorce, and she had to file for serperation first. Then there was a 60 day "cooling off phase". Then she was able to file for divorce. I am assuming that is how it usualy works. But anyway, any money she made after filing for seperation is hers and hers alone and vice versa. Hope this helps.
By the way, in your divroce papers you should make sure that it states that he pays half of the childrens' education expenses anyway...this would cover college as well. It is only fair that he pays half of education expenses, but if you don't get it in writing now, it will be harder to get later. Just a thought. :) I do think it is great that when he won the money he already thought about the kid's college education.
Hi L., First I send support and prayers to a parent of a child with Autism. I am a special education teacher with training in this area, and I understand the wonder of children with the disorder, and yet understand the full time 24/7 great energy required to support him. Be careful of yourself at this time. That is not easy for me to say, because I am in that waiting period of "does my husband (of 30 years) still want to stay married. He told me 2 months ago he is not sure and is asking to just take things one day at a time. I can only say that eating and sleeping are not happening very well.
I am going to a lawyer tomorrow because I have questions. I am working very hard to maintain my marriage and support my husband with prayer, kindness and time, but at times I am scared about those practical matters. I have been told, and think it is hard to believe, that our husbands during this time are not who we knew them to be, and that yours sounds like he is not thinking of your best interests. Call legal aid if you need to (I think they are free or can at least give you some guidance). You need to prepare for long-term support for yourself and your children. I know Indiana is 50/50 state, so please find out some legal exact information before you agree on anything or believe what he tells you. I just have a fear that he is only out to keep this money for himself. Good luck and I will pray for you tonight.
J. S
