My wife and I are currently separated. We have both created our own bank accounts but the joint account was still open with a 0 balance. Recently the stimulus check they are distributing right now was deposited into it. One check for 1700 and another for 1200. She immediately transferred the full $2900 to her own account. Am I entitled to half of that? If so, how do I legally go about getting it?
The best way to divide the stimulus money is to divide it equally. If equitable distribution of the marital property has not yet been finalized, then you can recoup your 50%, or some other agreed upon share, in the equitable distribution process.
If equitable distribution is already finalized and you cannot work out an agreement with your spouse, you may be able to file a claim or motion in court, but you will likely spend more than your one-half of the stimulus money attempting to litigate the issue.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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