Q: spouse abandoned marriage, refusing to reconcile, money I do not want her to take if she files divorce. Can I donate it?
I know people in need that can use it. Spouse refuses to talk to me so we can’t discuss it. I want to make sure I won’t be in trouble if she moves forward with divorce.
A: You should not "donate" marital money ahead of a divorce. You will likely have to account for it in the divorce. If you don't have a prenup, marital assets will have to be divided. You don’t get to unilaterally decide what she can or cannot have.
A: I would advise against disposing of any assets that may be considered marital property. Assets of that nature would include money in bank accounts, retirement funds, stocks, bonds, furniture, appliances, vehicles, recreational vehicles, property, clothing, jewelry, antiques, etc. You don’t want the court to force you to repay any money you give away once the divorce proceedings begin. And if you decide to file for divorce, I would advise you to hire an attorney.
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