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  1. #1
    Law Curious
    Join Date
    Jun 2009
    Law Forum Posts
    2

    Question what's mine is yours; what's yours is mine, baby!

    My husband and I are separated (not legally) and working on a divorce; although we have not started the legal process. He recently returned from basic training for the national guards and is receiving a $10,000. Now, I am not a money hungry person, BUT he is leaving me with twice that amount in debt and with no place to live. He refuses to work with me so that the divorce can be 'civil'. He claims that the judge will favor him and will not grant me maintenance (alimony) since I am unemployed. Plus he is also claiming that the judge will favor him since he is military; hence, he is more respectable. Anyways, is that saying true: 'what is mine is yours; what's yours is mine, baby!'? I wonder because I feel that I have a right to that money so I was looking to... pretty much take it. My ma thinks that since its his bonus (and its military) that I can't, but other have people have told me that it is a right of mine being married. I wouldn't take all of it so that he has money until his deployment (beginning of June) and I would also have receipts, carbon copy of checks, and bank statements proving I spent the money on debt; not a quarter on me or for my personal benefit. Can I do this?! Or would i face serious legal repercussion?! I need this help; I am over drafted, facing a repossession of my vehicle, and I have no where to live. I Need this money. Would the judge understand that? IS it a right as his wife? Does it make a difference that we are getting a divorce; even if there is no legal proof of it yet? Help!
    (Thank you for taking the time to read bout my dilemma. If more information is needed, please. If you have any tips or advice or a solution; you would be my hero! I live in Wisconsin, if that bears any weight. Thank you!)

  2. #2
    Senior Legal Forum Partner
    Join Date
    Apr 2009
    Law Forum Posts
    1,543

    Default

    Quote Originally Posted by kara*jo View Post
    My husband and I are separated (not legally) and working on a divorce; although we have not started the legal process. He recently returned from basic training for the national guards and is receiving a $10,000. Now, I am not a money hungry person, BUT he is leaving me with twice that amount in debt and with no place to live. He refuses to work with me so that the divorce can be 'civil'. He claims that the judge will favor him and will not grant me maintenance (alimony) since I am unemployed. Plus he is also claiming that the judge will favor him since he is military; hence, he is more respectable. Anyways, is that saying true: 'what is mine is yours; what's yours is mine, baby!'? I wonder because I feel that I have a right to that money so I was looking to... pretty much take it. My ma thinks that since its his bonus (and its military) that I can't, but other have people have told me that it is a right of mine being married. I wouldn't take all of it so that he has money until his deployment (beginning of June) and I would also have receipts, carbon copy of checks, and bank statements proving I spent the money on debt; not a quarter on me or for my personal benefit. Can I do this?! Or would i face serious legal repercussion?! I need this help; I am over drafted, facing a repossession of my vehicle, and I have no where to live. I Need this money. Would the judge understand that? IS it a right as his wife? Does it make a difference that we are getting a divorce; even if there is no legal proof of it yet? Help!
    (Thank you for taking the time to read bout my dilemma. If more information is needed, please. If you have any tips or advice or a solution; you would be my hero! I live in Wisconsin, if that bears any weight. Thank you!)
    Nearly all income brought in during the marriage belongs to both of you. After you seperate it is different. A judge can seperate money earned by each spouse and give it to the parties as fairness demands. The judge will not favor your husband. The judges favor the wives 99 % of the time. That he is in the military has nothing to do with how the judge should treat him.

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