Mount Airy, NC asked in Divorce for North Carolina

Q: Can I open a new account in my name then xfer half the money after bills into the joint account for my soon 2 be xwife?

I live in North Carolina and plan on separating from my wife. She has a stay-at-home internet business in which she makes approximately 75% of what I do. I plan on moving out and getting my own place. I want to open a separate checking account in my name only for budgeting and security purposes. Can I open my own checking account in order to pay all my bills, including groceries and gas, still pay the mortgage, water and electric bills for the house she will stay in, and then transfer exactly half the rest into the joint checking account for her? I am afraid if I don't do this she will spitefully spend enough money to make it impossible to pay all the bills. I do not plan on hiding any money or not giving her enough to live comfortably. I want this process to be as transparent and civil as possible. Thank you.

Related Topics:
1 Lawyer Answer
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: You can do it that way but you will have definitely and unnecessarily over complicated things. If you are worried she will spend too much, just get your own separate account that she doesn't have access to (as you already plan to do) and simply cut her a check every month. She can't spend what she doesn't have access to and she won't be able to over draw or cause problems for you with a check like she possibly could do with a joint account and at the end of the day, accounting and keeping track of things will be simplified for you because you will have have a nice simple list of checks to show what you paid her as opposed to sifting through joint account statements. The only benefit your plan has is that if she dies - you get the money in the joint account and if she is incredibly dumb, you might possibly be able to keep tabs on what she is spending the money on (not sure why you might care) but those two very slim possibilities are likely outweighed by the downsides of having a joint account with her. Also, you are likely being too affable with the amount you plan to provide her. While it is up to you, there is fair and then there's being overly generous. If she makes 75% of what you make then you giving her half of what you make may be too much. Lets put it into perspective say you make $100 she makes $75 you give her $50 each month - she has $125, you have a measly $50. If your plan is to purchase her civility, you could likely get a way better deal with standard ED and support laws As to your concern about transparency, that's sweet but also likely not necessary. You need to worry about her transparency not yours, if she hires the right attorney your transparency would be irrelevant, you couldn't hide anything or pull the proverbial wool over her eyes if you wanted to - we know all the tricks. While it appears you are going into this with incredibly good intentions and that is likely commendable, it also appears you are going into this very naively. You might want to consult with a local family law attorney who can help you avoid the common pitfalls it looks like you are about to make. Just don't let lawyers rip you off either - you are definitely on the right track if it is your intention that you and your spouse work things out fairly yourselves. Fighting things out in Court is just paying strangers to make decisions for you. What can likely help you more than anything else is a simple, fair, written separation and property settlement agreement that spells out in no uncertain terms what each of your responsibilities and obligations are - that can be done for a flat rate fee of $250. Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.