If my wife and I are having marital issues so I’m giving my mom money from my personal (not joint), will my wife able to claim any is of this money in a divorce?

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If my wife and I are having marital issues so I’m giving my mom money from my personal (not joint), will my wife able to claim any is of this money in a divorce?

Asked on January 8, 2016 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, she can, in the vast majority of cases: the mere fact of whose name is on an account doesn't change a spouse's right to the assets (otherwise, any bread-winner spouse contemplating divorce would simply start putting his/her paychecks in an account solely in his/her name). Unless the money in the account is provably money which you had pre-marriage and/or was an inheritance to you (and not you and your wife), it most likely is an asset which will be considered and distributed in a divorce. And if you are giving the money to your mother after you have started having marital issues, a family law court would almost certainly see this as an attempt to hide assets from your spouse and would ignore that effort, either requiring this money be returned or else making up the difference from your other assets.


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