Any money earned or acquired prior to the marriage and kept in a separate account is separate property and not marital property. By comingling money you received as gifts at your wedding with your individual monies you have “ muddied the waters” somewhat but I believe that if you can accurately account for the monies […]
Any money earned or acquired prior to the marriage and kept in a separate account is separate property and not marital property. By comingling money you received as gifts at your wedding with your individual monies you have “ muddied the waters” somewhat but I believe that if you can accurately account for the monies that were yours prior to the marriage in that account and can substantiate the expenses you claim were used for mutual vacations and furnishings which were ultimately divided by you and your spouse, you should be able to claim the balance as your separate property and not marital property and as such your wife will have no claim to such remaining moneys in the account.
I strongly suggest that you consider mediating rather than litigating your Divorce. It is less costly and emotionally draining and your spouse may be more inclined to cooperate.
If you living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.
If Leonard M. Weiner, Esq./Divorce Solutions