By Robin Roshkind, Esquire, West Palm Beach, Florida
Generally speaking, what you go into a marriage with you leave a marriage with. However, first you have to prove it. You have to prove that you had an asset going down the isle. You also have to prove how much that asset was worth at that time. For example, if you have a retirement plan valued at $100,000 on the wedding day and 15 years later you are getting divorced, you need to provide a statement showing your retirement plan was worth $100,000 on the wedding day. The same holds true for stocks, bonds, other investment vehicles. Your spouse may share in the extra value above and beyond the original $100.000 or not at all if you did not invest marital funds to make it grow or use funds from it for marital bills.
There is something called comingling, which hampers the fact that an asset is yours and yours alone. If you comingle your stocks and bonds by putting your spouse’ name on the account, or using the funds for marital purpose, this then makes your assets marital assets and in divorce it becomes an asset to be divided among the two of you.
So be careful when you have assets you go into a marriage with. Disclose and document what it is that you have when walking down the isle. For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.