My cheating spouse owns a few business. I am not included in any of his finances. He pays all of our bills. Will my lawyer be able to request his account statements along with the business accounts? I know for a fact money will be withheld or moved. Will the lawyer be able prove that? The businesses were opened after we married. Am I entitled to half his portion? If so how long am I entitled to it.
It also that he was paying the mistress bills, can that be included in request of alimony? And does that make difference. I see it as taking money from household that could add to my standard of living.
Yes, your lawyer will be able to request and receive all of your husband’s bank and account statements including the business bank and account statements. This also includes corporate tax returns, business profit/loss statements, business balance sheets, etc.
Since these businesses were started after the date of marriage, you will be entitled to one-half of the value as of the date of separation. Income generated from the businesses will count towards alimony and child support.
You will be able to use the fact that he has been paying the mistress’s bills and expenses as a distributional factor in equitable distribution to argue that you should receive more than one-half of the marital estate, and you will also be able to use it for alimony purposes in your favor since paying the mistress’s bills and expenses is not a reasonable or necessary expense for your spouse.
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.
“of the value as of the date of separation”. So if I leave today I get half of the value it’s at now? It recently opened but has potential to do very well.
Correct. The marital estate and the value of the assets “freezes” as of the date of separation.
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.