Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Oct 2011
    Posts
    14

    Default Recovering Money Spouse Used to Pay Alimony for Prior Marriage

    My question involves a marriage in the state of: California

    My husband had to pay rehabilitative alimony from a prev. marriage. Two years into our marriage, he paid his ex-wife's alimony in full using co-mingled funds of ours. Now that I'm going through a divorce (married 13yrs) & all the paperwork, stmts, etc., I've just discovered, he used $28,000 in total from our joint account (primarily my commissions) to pay off his alimony. Don't get me started ......

    I'm upset beyond words. Question: Can I rightfully upon proving these funds came from my earnings, demand them back plus interest, from my husband in our divorce settlement? I can proved he used our marriage to recover fin'lly from prev marriage and all the damages he has caused.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Recovering Money Spouse Used to Pay Alimony for Prior Marriage

    Two years into your marriage... so you're stating that this happened 11 years ago?

    If you are describing earnings accumulated during your marriage and placed into a joint bank account, then you appear to be arguing that he paid his debt with a community asset. That makes it more difficult to argue that he somehow misappropriated "your" funds to pay the debt.

    Also, after eleven years, it becomes difficult to argue that the incident was not forgiven, that certain past debts have merged into the marital estate, that you can no longer trace debts and assets with that level of specificity....

    How did you not notice a $28,000 payment during your past eleven years of marriage?

  3. #3
    Join Date
    Oct 2011
    Posts
    14

    Default Re: Recovering Money Spouse Used to Pay Alimony for Prior Marriage

    I just discovered his alimony records showing a breakdown of his payments & traced it back towards my commissions earned via dates & amounts. His alimony checks were in smaller increments that added up to $28k 3over a course of 4years. 3

    3/4's my Commissions earned were prior to marriage. I hear what you're saying re: 11yrs however, all the info just discovered was a lengthly process unfortunately. Also just discovered what he gave up in his divorce decree which explains his attempts to recover his finances in his 2nd marriage. When times became tough later on, he withdrew himself from the marriage even more. I filed for divorce. My goal & challenge will be to prove I earned these commissions as separate income prior to our marriage along with his cancelled alimony checks derived from my earnings.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Recovering Money Spouse Used to Pay Alimony for Prior Marriage

    Prove all you want. You have no defense to claim the money back unless your account was separate and he violated the law in obtaining the money.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 06-09-2011, 09:52 AM
  2. Divorce: Recovering Alimony Paid Due to Fraud
    By justiceplease in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 02-19-2009, 09:30 AM
  3. Licenses and Certificates: Denying Prior Marriage On Application For A Marriage License
    By Bride2Be in forum Marriage, Cohabitation and Civil Unions
    Replies: 10
    Last Post: 07-17-2008, 05:41 PM
  4. Adoption of Children: Step Parent Seeking Adoption of Spouse's Child from Prior Marriage
    By seekingadoption in forum Adoption Law and Surrogacy
    Replies: 3
    Last Post: 01-16-2008, 02:55 PM
  5. Property Division: Recovering Money From Ex-Spouse
    By kmicou in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-10-2007, 10:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources