Q: Financial abuse
My husband has decided that he will only pay for the house payment and all of the other money is his. I only make enough money to cover medical insurance. He has paid all of the other bills for 25 years. He has decided that all of the money is his and too bad for me. Should I file separation and get some sort of injunction.? Spousal support? He is buying lots of items and gambling a great deal. He told me I don't get how this works.
A: I am sorry for the way you are being treated. Only you can decide if you are ready to file for separation or divorce. You can request support with both a divorce or with a legal separation.
Also, once you file with the court you can also file for a request for Joint Preliminary Injunction.
Below is the part of the rule on Joint preliminary injunctions that relates to finances.
Pursuant to Rule 5.518. Joint preliminary injunction (JPI).
(a) Upon the request of any party at any time prior to the entry of a decree of divorce or final judgment, a preliminary injunction will be issued by the clerk against the parties to the action enjoining them and their officers, agents, servants, employees, or a person in active concert or participation with them from:
(1) Transferring, encumbering, concealing, selling, or otherwise disposing of any of the joint, common, or community property of the parties or any property that is the subject of a claim of community interest, except in the usual course of conduct or for the necessities of life or for retention of counsel for the case in which the JPI is obtained; or cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of:
(A) Any retirement benefits or pension plan held for the benefit (or election for benefit) of the parties or any minor child; or
(B) Any insurance coverage, including life, health, automobile, and disability coverage;
without the written consent of the parties or the permission of the court.
A: I’m sorry to hear that you’ve been put in this position. In Nevada, all assets as well as debts and bank accounts accumulated by either spouse during the time of the marriage are considered part of the marital estate. Community property laws do require an equal division of all marital assets upon divorce or legal separation. If you choose to move forward with a divorce or legal separation, then it is likely that the terms your husband has set for you would be overruled by the judge if taken to trial. Additionally, if there is a considerable income disparity between you and your husband, then it is possible that spousal support may also be awarded, at least temporarily. Providing more information to an experienced Family Law attorney in your jurisdiction may give you a more accurate idea of your potential outcomes.
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