I am soon to be separated and my husband feels that I have issues with spending money. I have in the past but I have proven not to be any more. We have an 11 year old son whom will be in my care full time except for every other weekend. My husband thinks he can set up a trust for the money that would be necessary to support our son. Is this possible?? I am the dependent spouse and feel that this setup would not be in the best interest of our son. My husband also feels that when the divorce is final all of the money that I am awarded (50% of his retirement & stocks) should go solely to my son in a trust. Please any advise on this will be appreciated!
I would not agree to that…
IMO, putting c/s into a trust is his way of keeping tabs/controlling.
And, any ED payouts you may get are for YOU, not for your child. Of course, you’ll likely use that money to take care of your child, but he cannot delegate that YOUR portion of his retirement goes to your child…if he’s like HIS portion to go into a trust for your child, then so be it, but I would not agree to that in a million years.
Also, your spending habits should not be his concern once you are separated and divorced. The way I see it, the only way your spending is any of his business is if you are using it for drugs, alcohol, etc…and are a danger to your child. But, if you want to go buy a Coach purse, not his business…
Just my non-lawyer take on this…don’t do it…
It is possible but I do not advise you to agree to such an arrangement, it is cumbersome, and will not allow you to use child support to help pay the household bills ( a part of CS is actually intended to do so).
His proposal for ED is absurd, the property is 50% yours and you are entitled to do what you wish with your share.
Sounds like my STBX. His entire case was based on the fact that my failed business caused us to declare bankruptcy and that I am not good with money (another thing he was trying to use also in order to get custody of the children).
My lawyer summed it up perfectly. “I know a LOT of people who are parents or who have custody of their children who aren’t good with money. That has nothing to do with custody, child support nor ED”.
Ok thank you! I now have another question. My husband gave me a laptop as a birthday present 4 years ago. It is my personal laptop & he never used it, except when he needed to look something up thru his user id. I have never shared my passwords to him. Since I have asked to separate he has hacked into the laptop obtained some pictures of just friends and got into my personal yahoo email account & retrieved old deleted emails. These emails were to male friends & nothing ever came of what was written in the emails. Can these emails be used to prevent me from receiving alimony? Even if he got them by hacking into my computer?? I am a dependent spouse with a 12 year old with no job fir the past 13 years & have been married for 19 years.
So long as the emails were stored, not intercepted, on a jointly owned computer (even though he gave it to you, it is martial property), the emails and pictures may be admitted into evidence.