How do I protect my assets in a divorce?

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How do I protect my assets in a divorce?

We both want a divorce. My husband didn’t want to have a joint banking account for fear of my ruining his credit. However, he was unemployed and then on disability until the present. Now he wants to split everything equally, but I have proof that I purchased many things without his income. I paid his child support for 1 year, equaling $4800. I do not agree with this and need legal advice on how to handle this, or if it is even possible. I left because he was physically, verbally and emotionally abusive. However, he denies it now.

Asked on October 17, 2010 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to seek legal help in your area as soon as you can.   Most Judges prefer that you come to an agreement as to the distribution of your marital assets but if you can not, Georgia law requires that they be equitably divided.  This is not equally but equitably.  Now, understand that income is an asset of the marriage.  And income earned during the marriage is marital property.  And what you purchased with that income is also marital property.  I would have an issue with his child support.  Be aware, though, that you were not obligated to pay it but chose to.  That could be a problem for you.  An attorney needs to look at the whole situation before him or her and give you advice.  Good luck.


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