Personal savings and separation/divorce


#1

My husband and I were married for less than two months before separating. We do not have any separation papers because we do not own property or have children together (I have posted on here before). Before we got married, I had about 13k in savings (now only about 10k) and the savings remain in my own personal account. Will he be able to take any of my savings if he decides to get nasty and give me a hard time about getting a divorce? Would there be any way for him to touch that money since I had it BEFORE we were married and it is in an account that is under my name only?

Also, we have an account that is his account and I have been added on to it. I still use the card from that account to put gas in my car and a few other various things since I dont have a job. He said it was okay until I get a job to do that. Could this potentially get me in trouble? Should I get separation papers drawn up just to be sure?


#2

Also, lets say that I go buy a motorcycle today, using MY savings from MY account and I have the motorcycle put in MY name only. Would there be any way that he would be able to take that from me or request money because of it in the divorce?


#3

Your ex would have a claim to your separate account only if there has been money put into the account during the marriage. That money is marital property. For example: If you have put in there $2,000 during the marriage, and the total before was $10,000, so it’s now $12,000, he would have a marital interest in just the $2,000. If your account hasn’t had new money put in during the marriage, then he cannot claim anything that was in there prior to marriage as that remains your separate property. The motorcycle would be all yours, unless you used any marital funds to purchase it. Otherwise, he has no interest in it.