Division of Assets?

iVillage Member
Registered: 09-21-2005
Division of Assets?
1
Tue, 03-20-2007 - 1:25pm
Hi all,
I wrote before about my fiance trying to get a divorce from his controlling x if you remember...
Well, she's basically asking for things she's not deserving of.
My question is this - my fiance was going to just try to get this over with although all he was asking for was rotating the income tax. She's using the excuse that because she's going to have to pay for her own health insurance and because we had a baby together (and thus another tax exemption) SHE should get the tax exemption every year for their son...
Now, we have brought to the attorney's attention that my fiance has not sought half the assets that exist. She makes more money than my fiance, she had 1. a retirement fund probably worth over $10,000 (my fiance's was about $2000) 2. she had a van they had paid off in the course of the marriage 3. She had all the money left in their savings/checkings when he left 4. She had almost no debt, he had thousands of debt after he left and still continued to pay her for half the mortgage for a while. We don't pay her child support except for half of his preschool tuition and we also have him like 48% of the time (she keeps him one more overnight than we do everyweek after we've cared for him the entire day). This woman is downright ridiculous and because my fiance hasn't gone after her for all the assets she hasn't given up anything and is still demanding the income tax every year (we've also consented to their son going to school in HER school district and have to up and move our entire family because of it (I have two children from a previous marriage also, one in Kindergarten one starting school next year). So basically she's gotten off scott free this entire time from having to give up anything, has US taking care of her son for her half the week and she wants to demand something as though she is the primary caregiver.
CAN WE now go after her for all these assets and what chance do we have in getting them? I thought by law the assets HAVE to be divided. My fiance is not better off than she is, she got the house a paid off vehicle, makes more money and will have her son going to the school district she wants. I only hope we can slap her with a lot more than she was expecting and make her realize by not signing she's going to have to give up even more now.
I know I sound bitter but you don't understand how controlling and demanding this woman is, she wanted to demand primary custody when she's allowed us to have so much of the week (Tuesday am through Thursday night at 7, every other weekend and on her weekends we have him all day saturday so she can work). I want to scream or hit something when I think of this woman...
Any thoughts?
iVillage Member
Registered: 03-19-2003
Thu, 03-29-2007 - 12:35pm

Well.... I really don't know, and that's the sticky situation when people drag things out for so long, especially after they're separated, and don't finalize things.


Karen ~ wildlucky4me ~