Will my boyfriend's finances be taken into consideration when we divorce?

Carla (Guest) on Thursday, January 03 2013, 03:12 PM
My husband and I have been separated for over a year. I am living with my significant other in the Greater Worcester area. While I know our assets and liabilities are joint during the time of our marriage, is there any legal way for my earnings moving forward to be mine and his earnings moving forward to be his?
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    Replied by Attorney James Milligan on Thursday, January 03 2013, 03:16 PM · Hide · #1
    ou have more than one issue here. First, is this an alimony case, meaning is there a disparity in your incomes that could allow a judge to award alimony? The length of your marriage is a factor here. Residing with your significant other also is a factor that would prohibit you from obtaining alimony. Secondly, are there children involved? If so, your significant other's income would not be counted toward a child support award. However, his contributions toward the household and your expenses must be disclosed on your financial statement and MAY, but not must, be considered by a judge when setting child support. Thirdly, I would not recommend obtaining assets while you are still married. You certainly have an argument that these assets are yours, however, there is case law that states that this is not always the case. You need to consult with a divorce attorney as its better to proceed with your divorce now rather than risk the consequences of doing nothing.
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