L.J. asks from Fort Wayne, IN on June 10, 2008
Divorce Not Final and (Ex) Husband Wins $250,000. Should This Be Split?
Hello,
My husband filed for divorce, which is not final. We are hoping it is finalized soon. He called to let me know he won $250,000 in a contest. He wanted to tell me directly instead of having me learn about it from someone else. In any case, he says he wants to pay for college for our children and do some other nice things for them. He told me he asked his lawyer to research the case law to find out if I am entitled to any part of the funds. He told me 40 percent of the money will go to taxes, so he will clear $150,000 after taxes. I have no idea if I am entitled to any part of the money. If you have any advice or information, please let me know. I truly appreciate any help with this issue. He asked me not to be difficult about the issue and he says he does not want the lawyers trying to get a chunk of the money. He also told me that if I am entitled to any of the money, I will have to pay taxes on my portion.
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D.P. answers from Indianapolis on June 11, 2008
He won it, let him have it. You are not together anymore. If you were together went he won it than that would be different.
2 moms found this helpful
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R. answers from Indianapolis on June 11, 2008
Why worry about the money, if he is willing to help with college tuition and other expenses allow that too happen and don't be greedy. Anyway, if he shows that he has that money in a bank account the court will up his child support payments and you will get the money over time anyway. Just be patient, it does all work out in the end
3 moms found this helpful
D.P. answers from Indianapolis on June 11, 2008
He won it, let him have it. You are not together anymore. If you were together went he won it than that would be different.
2 moms found this helpful
M. answers from Cleveland on June 11, 2008
I definitely agree with what Mi R said.
Unless it was won in a contest you entered together, I don't think you should get half. Just let him take it and go as far away as he can. I would make him split what he has left between the two kids in separate savings accounts so they (and you!) don't have to worry about money once it's time for them to go to college. God only knows what your situation will be like 8-10 years from now. For you to know you won't have to worry about a thing when college comes is worth more than the few bucks you'll get from him now, if you're even entitled to anything.
1 mom found this helpful
A.K. answers from Indianapolis on June 11, 2008
There is definitely part of me that would want some of the money, but being separated makes things different in my opinion. I would find out the law on it. But, like someone already said, if he puts it into a bank account, it'll up his child support payments anyhow. Also, if he is willing to pay for their college, I would consider leaving it at that. If he gets mad that you are getting some of the money, he might change his mind.
I would really recommend contacting Dave Ramsey. He is a financial guru and he can tell you exactly how it should work out. You can do a general search for his name and find his website and a way to contact him. He does a daily radio show too that you can call into.
God bless,
A.
1 mom found this helpful
M.M. answers from Indianapolis on June 12, 2008
Are you leagally seperated? Usually anything made after the "leagal seperation" date, (which is the step before a divorce) goes to the person who earned it only. You should ask your lawyer. My sister is going through a divorce, and she had to file for serperation first. Then there was a 60 day "cooling off phase". Then she was able to file for divorce. I am assuming that is how it usualy works. But anyway, any money she made after filing for seperation is hers and hers alone and vice versa. Hope this helps.
By the way, in your divroce papers you should make sure that it states that he pays half of the childrens' education expenses anyway...this would cover college as well. It is only fair that he pays half of education expenses, but if you don't get it in writing now, it will be harder to get later. Just a thought. :) I do think it is great that when he won the money he already thought about the kid's college education.
C.E. answers from Columbus on June 12, 2008
I went through a divorce recently, anything that you two get while you are married, you both are entitled to it. Half. I hope this helps you, You will get half if you wnat it. CYndi
A.T. answers from Cleveland on June 11, 2008
if the divorce is not final I say you need to get some legal help on this.. It's a lot of money to split and you'll need it in the future.
M.M. answers from Fort Wayne on June 11, 2008
HECK YES. I would try to get half you better believe it. I hope it goes your way. Not sure of the reason for the big D but go celebrate. lol Sorry I have been through a BAD Divorce and I wish I had taken him for alot more I just wanted out b/c he cheated on me 3 times PLUS was very abusive. Good Luck
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