Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

I own 25% of my family business. It is written into the company bylaws that no spouse in the instance of divorce will have any interest in the company.

Can my ex-wife still be awarded a portion of the business? Do state divorce laws overrule the company bylaws?

Question:

I pay child support to my ex-wife, who is about to receive a large inheritance. I know the child support I pay depends on the income I earn and the amount of parenting time I have.

Does it also depend on what she makes, either through her job or any money she gets through the inheritance?

By Jennifer Paine

Attorney, Cordell & Cordell

If you received an inheritance, you might think all of it is yours – after all, your name appears in your generous Great Aunt Bertha's will, not your wife's.

Well, not necessarily.

In general, any property you acquire between the date of your marriage and the date of your divorce is considered marital property eligible for division (for those of you living in community property jurisdictions, the same rule usually applies).

An inheritance might be your separate property, but only if you did not commingle it with marital property or treat it as marital property during your marriage.

And that is tough to do.

Question:

We live in a house that is currently in my mother-in-law's name but will be inherited by my wife, according to her mother's will.

My wife and I have discussed divorce and she claims that I have no ownership interest in the property despite the years of renovations I personally have done to the house.

Is she correct that I have no claim to the value of this house?

Question:

My in-laws have deeded property to my wife that will transfer to her upon her parents' death.

Since this promise of property was acquired during our marriage, but not yet transferred, would it be considered part of our marital property?