What are my rights as a wife when my husband is giving all our money to his parents

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What are my rights as a wife when my husband is giving all our money to his parents

Husband has been handing over every one of
checks to his parents for the past year
behind my back. He doesnt pay our bills or
even provide food. I am a stay at home mom.
What are my rights?

Asked on April 13, 2017 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't have any rights while still married: the  law does not interfere in a married couple's personal or financial arrangements. Furthermore, the law only has the power to intervene when a legal case or lawsuit, like a divorce case, is filed.
If you divorce him, assuming that he earns more than you, he will likely have to pay you spousal support (and pay child support)--he will have to pay it even if he wants to give the money to his parents. If you earn more than him when you divorce (e.g. if you go back to work prior to the divorce case being resolved), you may have to pay him support, but at least any money other than what you are ordered to pay him will be yours and under your control.
In a divorce, any assets (e.g. money in the bank, vehicles, a house or other real estate, etc.) will be divided between you.
If you file the divorce case, you can also at the same time seek a court order, or injunction, barring him from giving your family money to his parents (or other persons) until the divorceis fully resolved.
So if you divorce, you will have rights and the ability to get monetary support and take control of your finances; but if you stay married, he can keep doing this. 
If you wish to consider divorce, consult with a family or divorce law attorney to better understand what it will mean for you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't have any rights while still married: the  law does not interfere in a married couple's personal or financial arrangements. Furthermore, the law only has the power to intervene when a legal case or lawsuit, like a divorce case, is filed.
If you divorce him, assuming that he earns more than you, he will likely have to pay you spousal support (and pay child support)--he will have to pay it even if he wants to give the money to his parents. If you earn more than him when you divorce (e.g. if you go back to work prior to the divorce case being resolved), you may have to pay him support, but at least any money other than what you are ordered to pay him will be yours and under your control.
In a divorce, any assets (e.g. money in the bank, vehicles, a house or other real estate, etc.) will be divided between you.
If you file the divorce case, you can also at the same time seek a court order, or injunction, barring him from giving your family money to his parents (or other persons) until the divorceis fully resolved.
So if you divorce, you will have rights and the ability to get monetary support and take control of your finances; but if you stay married, he can keep doing this. 
If you wish to consider divorce, consult with a family or divorce law attorney to better understand what it will mean for you.


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