Originally Posted by barkingspider
We have separate bank acts so no issues there. We have to sell the house we purchased together and split the profits. I have 2 paid off vehicles, she has 2 years left on her Cadillac. She can have one of my trucks if she wants. She will go after the house I brought into the marriage though. My attorney is working that, should be separate property. She made the same if not more money than me when we first married but had since quit and made a whole lot less, not enough to help w the mortgage, bills, etc after her car payment. So I know I will owe spousal support for about 2.5 years. I have my guns in a large safe that she doesn't have the combo too. Everything else in the house I'm not worried about her taking as she is just not that king of person, but even if she does, I have it documented w photos and video per my attorneys advice.
Good.
Now, just because she makes less currently doesn't mean you'll owe spousal. Depends on the state, of course, but if she has demonstrated the ability to earn a higher income, that's the income that should be considered for spousal support, not her current income.
Lots of guys over the years have tried to show a lower income, to reduce child support and spousal support, and they ended up having to pay based on the demonstrated previous income. I.E. you can't change jobs and then claim that you're unable to earn what you used to. The only time that counts is in the event of a disability, or permanent change. For example, attorney goes to culinary school, his lifelong passion, and then claims he can't pay child support based on his FORMER six figure income, that those awards have to be based on his new, $20K income. Judges will, in many states, throw that sort of thing right out and base spousal or child support on the former income.
So, what's good for the goose...
Your attorney will be able to tell you what applies in your case.
Property owned before the marriage is clearly yours. Some property, like your current house, becomes commingled.
If you can show the equity prior to marriage, and the equity on the date you file (separation date), then the marital portion of that property is limited to the increase in the equity. Not all the equity.
It is only the marital portion that must be divided.