LaBelle, FL Divorce Law Firms & Lawyers

Whether assets or debts are community property (owned equally) or separate property depends on several factors. First, was it acquired during marriage? If so, it is presumed to be community property unless there is a writing making it the separate property of one spouse. Also, if it was acquired as a gift or though inheritance, it is separate property, so long as it isn't co-mingled with community property. Some assets, such as homes, may be bought prior to the marriage, but have payments made during the marriage and therefore, the amount owed to the community must be determined by having a proper accounting done on the asset. These determinations can be complicated and it sounds like an attorney will be necessary to help you. If your wife is the primary earner in the marriage, she may very well be ordered to pay you Spousal Support and pay for your Attorney Fees. To hire an attorney, you may use community funds without advising her beforehand. Once you go through all the very specific issues of your case, your attorney will be able to help you look out for your best interests, both short term and long term.