Will I receive credit for the amount of financial support I am providing to my wife during our separation?
I have paying spousal support to her on top of the loans for our vehicles since we separated earlier this year.
Will the court look to those payments I have made during separation when determining property division?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
If the divorce has been filed and you have been paying on the loans as part of a court order, then the court may consider the amounts you have paid during the pendency of the divorce.
However, if the divorce has not yet been filed, then you will likely not receive credit for the payments as the property can be divided based on the value at any point between the date of filing of the divorce and the date the divorce is finalized.
You may present evidence as to the payments you have made and request that the court take that into consideration in dividing the property.
Related Article:Credit For Marital Home Mortgage Payments
Spousal maintenance will likely not be taken into consideration in dividing the property. Your wife may argue the reason she needed spousal maintenance as a basis for an unequal division of property in her favor.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.