divorce

[sjayk58]

I live in DE. My wife is planning on filing for divorce. She moved out 2 years ago from our home and kids. I understand she will get half of my retirement and I will hers from the balance that we had at the time she left. My question is this. The equity in the house. Will she get half from the time she files for Divorce or half from the time she moved out? I`ve been making all the payments since she left? And at the time she moved out there was very little equity in the house. Also will she have to incurr half of the debt she left me that was in both of our names? What about the debt she ran up in her own name, after she left?

 

[sjayk58]

Can anyone help me with the answers to these questions?

 

[dorenephilpot]

I can answer only in terms of Indiana law, which may be different from your state:

Generally, all marital pot assets are split from the date of the marriage to the date of separation.

The court has the discretion, if it wishes, to go to the date of the filing of the petition. However, generally, it goes to the date of separation.

Debts and assets that were acquired during the marriage are split 50-50 here.

Debts acquired after the separation, however, generally go to the party who incurred them.

Hope this helps answer your questions.

 

[sjayk58]

So, in other words, I wouldn`t have to pay her half the equity I obtained by the payments i made in the 3 years that she`s been gone, and she is still liable for half the debt we had when she left, even though I`d been paying on it all the same time. I had no choice but the keep paying, when she left, she left my 3 kids with me. If anyone knows this answer for sure, could they please let me know?
Thank You

 

[dorenephilpot]

No one on these boards will be able to tell you for SURE how it will go -- unless the judge who hears your case is the one giving the answer.

My answer above is how it generally goes. The judge will ultimately decide, however, if the two of you cannot agree on a settlement.

The judge will decide the issues based on the general principles I outlined for you, which I think generally go in your favor.

Good luck to you!