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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Division of Bank Accounts and 401k

    My question involves divorce in the State of: Illinois

    We lived together for about 13 months after marriage, then she left me and went back to her native country. It has been 2 years now since she left. I came to know from my sources that my wife is planning to file for divorce here in US.
    She is well educated and used to work before marriage. However, she was not working during the time she stayed with me. We do not have any children.
    I have two bank accounts. One was opened by me after she left me. I do not have any other assets
    Given the short time we lived together and that she is well educated and capable of earning, would she get any money from my bank accounts? We do not have any joint account and all the money in the accounts has been earned by me.

    Thanks,
    XenonGuy

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Division of Bank Accounts and 401k

    Where did the money come from that went into the first bank account?

    Where did the money come from that went into the second bank account?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Division of Bank Accounts and 401k

    Why not preempt her and file for divorce now? If your assets were in Illinois at all relevant times, Illinois has jurisdiction to resolve issues of their ownership.

    You can argue that premarital assets should be treated as separate assets; you have a similar argument for post-separation assets although courts usually have more discretion about setting the post-separation date upon which the marital estate should be divided. The big unknown here is, "Where did the money in the accounts come from?"

  4. #4
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Division of Bank Accounts and 401k

    Quote Quoting Mr. Knowitall
    View Post
    Why not preempt her and file for divorce now? If your assets were in Illinois at all relevant times, Illinois has jurisdiction to resolve issues of their ownership.

    You can argue that premarital assets should be treated as separate assets; you have a similar argument for post-separation assets although courts usually have more discretion about setting the post-separation date upon which the marital estate should be divided. The big unknown here is, "Where did the money in the accounts come from?"
    All the money has been earned by me (direct deposit of my salary)
    Does this helps me in anyway?

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