Equitable Distribution in Alabama

My husband of 27 years is pursuing a divorce. Out of the blue two months ago, he sent me a proposed divorce settlement that he had an attorney draft. The terms of this settlement are unacceptable to me. We have been discussing alternative settlements but have not reached an agreement. I do not have an attorney, because I cannot afford one.

He owns a small business and has other bank accounts, investments, retirement accounts, life insurance, and I have no idea what else, since he has been secretive about these things during our marriage. I do not have any information about the finances of these accounts and investments or if there are other investments or accounts. He has always had and continues to have money to pay for his vacations, entertainment, hunting trips, a boat club membership, and who knows what else. I don’t know where he gets this money.

During our marriage, I have inadvertently learned that he has invested in a bar, a beauty salon, a tech company, and a hunting club. I do not know if he used his company’s money to pay for these things, or if he obtained the money from a source that is unknown to me.

We jointly signed for loans on four residences, including a primary home, a beach condo, and two garden homes in which two of our adult children live. Although both of our names are on the loans, the payments have been made through a joint checking account. We agreed before purchasing these properties that his income would be used to make the loan payments, and that I should save my monthly retirement income of $1700. Only his paychecks are deposited into this account, which is also used to pay household bills. During our marriage, I used my much smaller income to purchase groceries for our family of six, to provide family health care insurance, and to pay for other child related expenses and had nothing left to save.

I also recently learned that my husband spent a weekend in Nashville with a single female. He paid for her airfare, picked her up from the airport, took her to dinner and a bar, and then they shared a hotel room. I only discovered this weekend trip due to some Facebook photos that the woman posted. When I confronted my husband about this, he said that this woman is an old friend. He had never mentioned her during our entire marriage. He didn’t tell me or our adult children about this trip. Only after I questioned him about details, did he reluctantly admit to paying for the trip. He said that the purpose of the trip was to sell her our daughter’s old car. He did not discuss with me the possibility of selling the car, nor did he tell me or our adult children about this trip until after I found out about it. He claims that this was a platonic situation, and that his attorney has advised him that his behavior could not be considered infidelity.

I apologize for such a long post, but I don’t know where else to get answers.

My questions are:

  1. Am I liable for the property loans?
  2. What financial records of his should I request?
  3. Is the trip that he took with another woman considered infidelity or adultery?
  4. What standard of living am I entitled to maintain?
  5. How is the value of his business calculated?

If you live in Alabama I am unable to answer your questions because I am not licensed to practice law in Alabama, and the answers below do not apply.

However, if you live in North Carolina, I have answered your questions in the same order:

  1. Yes, you are responsible for the property loans because this is likely marital debt. Marital debt is any debt acquired during the marriage for a marital purpose.
  2. You should request at least the last 6 months of all statements for all accounts that your husband has in his name or his business’ name (for example, checking, savings, CDs, 401(k), IRA, Roth IRA, stocks, mutual funds, credit cards, auto loans, etc.).
  3. The trip that your husband took could be considered infidelity in NC if you can prove that your husband engaged in an act of illicit sexual behavior. This can be proven by circumstantial evidence showing inclination and opportunity.
  4. If you are the dependent spouse, you are entitled to maintain the same standard of living as you grew accustomed to during the marriage.
  5. The most accurate way to value a business is to hire a business valuation expert. Otherwise a business can be valued by looking at the assets vs. the liabilities, the cash flow and profits, or by comparing similar businesses in the area.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.