Dividing Cash Accounts If One Spouse Contributed More

divorce lawyer Daren NeelQuestion:

I made the majority of the income in our marriage, roughly about 75% of the total.

We are agreeing to split all property of value 50/50, but I am concerned with splitting our cash accounts evenly since I was the primary financial contributor.

So would our cash accounts also be split 50/50 or more in line with the income contributed, which in my case is 75/25?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Kentucky divorce laws where I am licensed to practice.

In my jurisdiction, income earned during the marriage is marital property regardless of who earned it.

While you were the primary breadwinner for the family, the law presumes that the other party contributed in other ways. For example, if you have a job in which you earn 75% of the family’s income, it is probably the case that your job is more time intensive and requires longer hours at the office than your wife’s job does.

The law presumes that your wife, when she got off from work, would spend additional portions of her time caring for your children or taking care of the residence than you were able to do because of your job.

Marital property in my jurisdiction is required to be divided equitably. This does not mean an even distribution, although it typically works out that way.

Divorce Resources:

State Property Division Laws

There are some other relevant considerations: Did you have any portion of the funds that you are splitting prior to the marriage? Did you receive any of the funds in the accounts that you are splitting from an inheritance?

These funds would be your non-marital property, and in my jurisdiction if properly traced, would not be subject to division by a court.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Louisville Divorce Lawyer Daren C. Neel, contact Cordell & Cordell.

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