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What Happens in a Divorce If Your Spouse Has Nothing

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  • 05-30-2012, 03:27 PM
    stlee
    What Happens in a Divorce If Your Spouse Has Nothing
    My question involves a marriage in the state of: Texas

    I’ve been living with my wife for about 3 years and married for less than 1. The main reason I want a divorce is because of her fiscal irresponsibility. She has been unemployed approximately 3 times since I’ve been with her (5 years) and I have been supporting her. Here’s the cliff notes run down:

    - I purchased my house in 2003 under my name only and only I have made payments (we married in 2011).
    - I cosigned about $20k in school loans for her
    - Her car is in my name and while she made almost all the payments, I’ve put in about $2,000. Car has another year or two before it’s paid off.
    - Her only financial responsibility is buying groceries, cleaning supplies, etc. (does not contribute to mortgage, utilities, taxes, etc.)
    - I gave her a credit card (because of her bad credit from an ex) in my name and she charged up $10k in 3 months. Big fight ensued and over the next few years, she paid most of it off and I put in about $4k to close the account.
    - Last year, she added herself to my credit card (which I never used) without my knowledge and charged up another $10k in about 3 months. This was the final straw…..
    - She currently makes $10/hour and can barely pay her car insurance, car note, and basic necessities. I often have to give her money for gas and food.
    - I have worked for the city for over 10 years and have a pension as well as my personal retirement plans (IRA, deferred comp, etc.).



    My question for the divorce are:

    1. Can she claim ownership at all of my house or part of what has been paid into the mortgage since our marriage even though she never helped financially in the mortgage, insurance, taxes, etc.?
    2. Do I have the right to keep her car since it’s in my name (in case she wants to be a b****)
    3. How much of my various retirement funds is she entitled to?
    4. Basically, if she wants to screw me over, what can she do?

    I know you have heard this numerous times but this is really a difficult time for me so many thanks for any info you can provide!
  • 06-01-2012, 09:03 PM
    Mr. Knowitall
    Re: What Happens in a Divorce If Your Ex Has Nothing
    If assets are part of the marital estate, they are divided as part of the marital estate.

    Retirement funds are normally split based upon the amount that accrued during the marriage - that percentage, divided by two.

    If you choose to stay married to a spouse who you support, you do so knowing that she's not bringing income into the marriage. It also raises a possibility of spousal support.

    You will need to discuss the details with a lawyer.
  • 06-02-2012, 02:26 AM
    stlee
    Re: What Happens in a Divorce If Your Ex Has Nothing
    Now I know why everyone told me not to get married....
  • 06-03-2012, 06:26 PM
    PQN
    Re: What Happens in a Divorce If Your Ex Has Nothing
    But the sooner you file for divorce, the less 'marital equity' there will be. In fact, if she ran up that second $10K while married, that is marital debt which will offset some of the marital equity.
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