In may my wife took half the money from our joint account. We lived together for 3 more months until our mediation but she paid nothing towards mortgage or household bills. I wanted to recover her portion during mediation but was i wouldnt get it in court. I dont understand the reasoning behind this or how it is considered to be fair. Can you please help me understand why i wouldnt be entitled to this. Thank you
Since the expenses were paid before separation with marital funds, it would seem that the marital assets available to divide in mediation, if divided evenly, would account for each party paying for these marital expenses evenly.
Jun thru aug expenses were paid while we lived together before separation but after she took half the funds from our joint account
So the payments were from only my finds. Mediator said that if we got to court a judge would not look at this and i wouldnt get anything back. I dont understand why this would be the casd
e. She lived here rent and expense free for 3 months.
Since the parties had not yet separated, the expenses were marital. So was the money she took out of the joint account. That money should have been taken into consideration when dividing the assets for equitable distribution. Unless the bills were a current debt, they should not be taken into consideration because they were already paid.
Yes … we had 3 months of marital expenses for current household / utility bills ( Jun thru Aug). She had 1/2 of the marital funds as of May 15. Therefore I dont understand the logic as to why she should not have been expected to pay a portion of these bills, or why I supposedly would not have been entitled to a favorable judegment for them had this gone to court. Seems straightforward to me that she should have either paid part of the bills, or been made to reimburse me after I had paid them from my funds.
There is not much more I can add to this response without going over the entire settlement with you. Please contact our office if you care to schedule a consultation to do this.