Q: I am getting a divorce and my husband is trying to go after half of everything.
I have supported him completely for the last 20 years. He has his own business, but none of the money from that business was contributed to the family income. I paid for the past two years of our daughter's college, have paid every bill, have made insurance payments for his life, car, etc., and have agreed to pay off the rest of his truck (since the loan is in my name). He had an affair last August while I was going through chemotherapy and it is because of this affair that I filed for divorce. We have tried to have an uncontested divorce, but he wants me to pay off the $150k left on the house, his truck, give him my inherited property, and to pay off the rest of our daughter's college tuition. If we go into a contested divorce, will he get 50% of my money, even though he contributed nothing?
A: You need an attorney yesterday. Anyone who has substantial assets needs an attorney. He should get half minus the value of his business but it appears you aren’t calculating it properly. You really need an attorney!
A:
In Indiana there is a presumption of 50/50, however you can rebut that presumption by making arguments you raised in your initial question such as contributions made by the parties, inheritance, etc...
I agree with the previous response that you need to seek legal counsel to assist you in addressing the property issue.
If you have additional questions or need assistance, please contact my office at 317-565-1818.
-Will
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