In the initial interview, it’s common for clients to share with Schmitt Law, PLLC statements made by their spouse that the client considers truthful.
The following are just a few statements that Schmitt Law, PLLC has heard over the years, and the truth behind those statements.
- Statement: I will not be awarded one half of the assets of the marriage because I was not employed outside of the home, or I earned less than my spouse.
Truth: When it comes to the court dividing assets of the marriage, it does not matter that you did not work outside of the home, or that you earned less than your spouse. It takes a team to build the marital dynasty, and more often than not that dynasty is divided equally at the time of the divorce.
- Statement: I am not entitled to any portion of my spouse’s retirement account or pension earned during the marriage.
Truth: If the retirement account or pension was acquired during the marriage, then it is a marital asset that will be divided equally at the time of the divorce.
- Statement: I am not entitled to any portion of my spouse’s business interest.
Truth: If the business was built during the marriage, it will be classified a marital asset, and remains equally divisible between the parties.
- Statement: I will not be awarded custody of the children or parenting time with the children because my spouse makes more money.
Truth: The court does not make custody and parenting time decisions based on incomes of the parties. It looks to the best interest factors when making these important decisions – what is in the best interest of the children. In order to equalize the incomes of the parties, child support will be calculated based on the parties’ incomes.
- Statement: I will be responsible for one half of my spouse’s student loans acquired during the marriage.
Truth: The courts do not expect one party to be financially responsible for the other party’s student loans. If you or your spouse has a student loan in your name, you or your spouse will be held responsible for payment of this debt post-divorce.
- Statement: I will be responsible for all of my medical bills acquired during the marriage because they are in my name.
Truth: Courts look at medical bills acquired during the marriage as marital debt. These debts are treated as any other marital debt and are equally divisible between the parties.
Note, these are complex issues that may have different answers and outcomes based on the specifics of your case. For the purposes of this blog, I have given basic answers. However, there may be much more to the story. Also, don’t assume your spouse knows the law. Seek a consultation with an attorney to obtain answers to your legal questions.
GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
If you would like to learn more about divorce actions, contact Schmitt Law, PLLC. I will meet with you to discuss your divorce and its potential impact on your family, finances, and future. Please reach out to our office for knowledgeable advice regarding your concerns about divorce, custody, parenting time, child support, and spousal support. Contact Schmitt Law, PLLC at (616) 608-4634 for a consultation today. Or, contact us online to book a consultation.
