Hypothetical Question - Chicago,IL

IF it can be proven, and IF it works out to more than half, then things are settled up a year later in mediation or trial.

My ex did that. All our savings, our only car, and a bunch of other things.

He's repaying it now at a tune of $500 a month. And will be for a very long time.

ALSO, hidden assets, IF I find them... I get 75% of. Not half. That's a standard douchebag clause.

Repaying a year later, in tiny increments, did nada for me last winter when I couldn't pay the bills.

In theory the court will make you whole, in practice it does not. The problem is like what my ex claimed, he claimed he spent it all on bills and legal fees. I would have had to prove where everything went and that would have cost me more than I would have recovered so I let it go.

Oh, obviously the custody will end up 50/50 and the car will be counted.

Money is fungible and if you have ever been through a divorce you will fully understand what that means.

In a perfect world, justice would prevail and everything would be dispersed evenly. But in reality, the first to the loot wins! That's my opinion. I guess you could hope that a conscience kicks in at some point.

It really depends on the state and how well the leaving spouse hides the money. Marital property states will usually require both parties to disclose their assets and then divide things up. So even if the wife takes all the money, she'll end up having to share. Personal property states are trickier, though. In those states, sometimes it does come down to who has what at the time of the divorce.

And, no matter the state... neither parent can take the kids and restrict the other parent's access. I'm sure it happens, but it's technically illegal everywhere.

In theory, yes, you split all assets acquired during the marriage.

However, posession is 9/10 of the law

Depends on the state, community property laws, how hard you want to pursue it, how well your assets are/were documented, and how good your lawyer is.

Theoretically, EVERYTHING that was community property at any point during the marriage is subject to division of marital assets by the courts. However, there are certainly ways around that, depending on how good either party's representation is.

When the case gets to court, the court will determine the cash value of the items taken and will order the offending party to pay the other party 1/2 of the fair value of the items taken. If the one who was wronged is ordered to pay support (child or spousal) the aggrieved party can ask that the 1/2 value of the items taken be used to offset the support for a period of time.

It can and usually does get worked out in the settlement.